Fractured Court Holds Computer-Implemented System, Method, And Computer-Readable Media Claims Invalid Under 35 U.S.C. § 101

In CLS Bank International v. Alice Corp., No. 11-1301 (Fed. Cir. May 10, 2013) (en banc), the Federal Circuit, upon consideration en banc, affirmed the district court's grant of SJ in favor of CLS Bank International and CLS Services Ltd. (collectively "CLS Bank"), finding that method and computer-readable media claims directed to risk management for computerized trading are not eligible subject matter under 35 U.S.C. § 101.  No majority of the judges, however, agreed as to the legal rationale for that conclusion.  In addition, the Court was evenly split on the patent eligibility of the system claims. 

Alice Corporation Pty. Ltd. ("Alice") is the owner of the patents-in-suit, which include U.S. Patent Nos. 5,970,479 ("the '479 patent"); 6,912,510 ("the '510 patent"); 7,149,720 ("the '720 patent"); and 7,725,375 ("the '375 patent").  The four related patents-in-suit are directed to "the management of risk relating to specified, yet unknown, future events."  Slip op.