Supreme Court Hears Software Patent Case

The Supreme Court justices signaled Monday that, just like the rest of us, they are at a loss as to where to draw the patentability line for software.

The Alice v. CLS Bank case is already seven years old yet surprisingly has not progressed very far. Early cross motions for summary judgment were delayed as case law developed. At the district court level, the claims were held not to be patent eligible. A panel of the Federal Circuit reversed, and the Federal Circuit en banc was equally divided. So this case, though seven years old, is really in its infancy.

You will recall that the Federal Circuit en banc took 130 pages to say it was clueless regarding this issue. Chief Judge Randall R. Rader issued "additional observations" that were almost a plea to the Supreme Court to relieve the Federal Circuit's dysfunction.