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Monday
Mar032014

CLS Bank vs. Alice Corporation: -- Amici Curiae

The 4A's joins Google, Amazon & other tech leaders as Amici Curiae in support of CLS Bank's patent case vs Alice Corporation Pty. Ltd.

The summary argument in the amicus brief notes "Patents that merely claim abstract ideas implemented on computers or over the Internet are invalid under 35 U.S.C. § 101. Such patents add nothing meaningful to the abstract idea."

The brief focuses in three points:

First: "patent claims that simply describe an abstract idea such as financial intermediation, and generically recite the use of conventional computer or other data processing equipment to carry out that idea, are not patentable. Instead, a claim must disclose and limit itself to a specific way of implementing the idea with a computer or computing system."

Second: "patent eligibility should generally be resolved as a matter of law at the outset of a case."

Third: "abstract software patents have become a plague on computer-related industries". The brief also notes:"Far from promoting innovation, abstract software patents have impaired it by granting exclusive rights over high-level ideas and thereby blocking others from undertaking the truly innovative task of developing specific applications. In light of the ever-growing use of computerized equipment in a wide variety of settings, abstract software patents would stifle innovation in an increasingly wide circle of industries"

You can access the complete amici curiae in support of CLS Bank's patent case vs Alice Corporation Pty.Ltd. here (PDF) .

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