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ARTICLE · 30 DECEMBER 2014

Federal Circuit Rejects Section 101 Challenge To Software Patent

Troutman Pepper Locke LLP
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Since the Supreme Court’s decision earlier this year in Alice Corp. v. CLS Bank Int’l., 134 S.Ct. 2347 (2014), the Federal Circuit has decided a series of cases in which it invalidated software patents for failing to claim eligible subject matter under 35 U.S.C. § 101.

United StatesIntellectual Property
Dabney Carr IV
Dabney Carr IV
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Since the Supreme Court's decision earlier this year in Alice Corp. v. CLS Bank Int'l., 134 S.Ct. 2347 (2014), the Federal Circuit has decided a series of cases in which it invalidated software patents for failing to claim eligible subject matter under 35 U.S.C. § 101. As recently as mid-November, the Federal Circuit invalidated a patent that claimed a detailed method for providing internet content in exchange for watching an advertisement, reversing its pre-Alice ruling that the patent claimed patent-eligible subject matter. Ultramercial, Inc. v. Hulu, LLC, 2014 U.S. App. LEXIS 21633 (Fed. Cir. Nov. 14, 2014). On December 5, however, a Federal Circuit panel held in a 2-1 decision written by Judge Chen that the claims of a software patent relating to Internet e-commerce "clear the § 101 hurdle." DDR Holdings, LLC v. Hotels.com, L.P., 2014 U.S. App. LEXIS 22902 (Fed. Cir. Dec. 5, 2014), found here.

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