Last week, the Supreme Court granted certiorari in “Alice Corp. v. CLS Bank Intl.”, opening the door once again for the Justices to further carve out the landscape of patent-eligible software and business method claims within the meaning of 35 U.S.C. § 101.
The Federal Circuit’s en banc decision that Alice’s claims were invalid generated seven separate opinions and failed to provide clear guidance as to the patent-eligibility of software claims. After that decision, many practitioners were hoping that the Supreme Court would hear the case and provide some clarity. Whether or not clarity will be provided remains to be seen, but certiorari has been granted, so the hope remains.