From the Hill

Following the Bilski Near Miss, Can Business Method Patents Survive Alice?

Hayden W. Gregory

©2014. Published in Landslide, Vol. 7, No. 1, September/October 2014, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

The June 19 decision of the U.S. Supreme Court in Alice Corporation v. CLS Bank has patent practitioners and scholars once again studying a decision of the Court on patent law to determine its scope and impact. This brings to mind the comment of Justice Scalia during the January 2013 Supreme Court oral argument in Gunn v. Minton:

My experience is that Federal judges, including this Federal judge, are not interested in getting into the weeds of patent law, and if they could rely on a decision of the Federal Circuit, they would do that just as fast as they can.

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