Alice Corporation Pty. Ltd. v. CLS Bank International
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-298 | Fed. Cir. | Mar 31, 2014 | Jun 19, 2014 | 9-0 | Thomas | OT 2013 |
Holding: Because Alice Corporation's patent claims involving (1) a method for exchanging financial obligations, (2) a computer system as a third-party intermediary, and (3) a computer-readable medium containing program code for performing the method of exchanging obligations are drawn to a patent-ineligible abstract idea under 35 U.S.C. ยง 101, they are not patent eligible under Section 101.
Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on June 19, 2014.
SCOTUSblog Coverage
- Symposium: Business methods as abstract ideas -- explaining the opacity of Alice and Bilski (Rebecca Eisenberg, June 23, 2014)
- Symposium: The Supreme Court as promoter of progress (Sandra Park, June 20, 2014)
- Symposium: Go ask Alice -- what can you patent after Alice v. CLS Bank? (Rob Merges, June 20, 2014)
- Opinion analysis: The uncertain expansion of judge-made exceptions to patentability (John Duffy, June 20, 2014)
- Symposium: For patent litigants, Court affirms status quo (Justin Nelson, June 20, 2014)
- Symposium: Supreme Court leaves patent protection for software innovation intact (David Kappos, June 20, 2014)
- Argument analysis: Justices seeking path between Scylla and Charybdis for financial services patent (Ronald Mann, April 3, 2014)
- Patent laws deep questions and the governments answers (Eric Citron, March 28, 2014)
- Argument preview: Justices have chance to provide final solution to quandary about patenting software (Ronald Mann, March 20, 2014)
- Court to rule on patent rights (Lyle Denniston, December 6, 2013)
| Date | Proceedings and Orders |
|---|---|
| 07/18/2013 | Application (13A95) to extend the time to file a petition for a writ of certiorari from August 8, 2013 to September 6, 2013, submitted to The Chief Justice. |
| 07/22/2013 | Application (13A95) granted by The Chief Justice extending the time to file until September 6, 2013. |
| 09/04/2013 | Petition for a writ of certiorari filed. (Response due October 7, 2013) |
| 09/09/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 09/11/2013 | Order extending time to file response to petition to and including November 6, 2013. |
| 09/13/2013 | Letter of September 13, 2013, from counsel for respondents received. |
| 09/13/2013 | Consent to filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner Alice Corporation Pty. Ltd.. |
| 10/04/2013 | Brief amicus curiae of Dale R. Cook filed. |
| 10/04/2013 | Brief amicus curiae of Electronic Frontier Foundation filed. |
| 10/07/2013 | Brief amici curiae of Trading Technologies International, et al. filed. |
| 10/07/2013 | Brief amicus curiae of Sigram Schindler Beteiligungsgesellschaft mbH filed. |
| 10/07/2013 | Brief amici curiae of Professor Lee Hollaar, and Peter K. Trzyna in support of neither party filed. |
| 10/07/2013 | Brief amicus curiae of Gibbons Institute of Law, Science and Technology in support of neither party filed. |
| 10/07/2013 | Brief amici curiae of Accenture Global Services, GmbH, et al. filed. |
| 10/07/2013 | Brief amicus curiae of Institute of Electrical and Electronics Engineers, Inc.- USA filed. |
| 10/07/2013 | Brief amicus curiae of Intellectual Property Law Association of Chicago filed. |
| 10/07/2013 | Brief amicus curiae of New York Intellectual Property Law Association filed. |
| 10/07/2013 | Brief amici curiae of Students of Patent Law filed. |
| 11/06/2013 | Brief of respondents CLS Bank International, et al. in opposition filed. |
| 11/19/2013 | Reply of petitioner Alice Corporation Pty. Ltd. filed. |
| 11/20/2013 | DISTRIBUTED for Conference of December 6, 2013. |
| 12/06/2013 | Petition GRANTED. |
| 12/11/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 12/11/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 01/08/2014 | SET FOR ARGUMENT ON Monday, March 31, 2014 |
| 01/14/2014 | Record received from U.S.D.C. District of Columbia. The record is electronic. |
| 01/16/2014 | Record received from U.S.C.A. Federal Circuit. 1 Box. |
| 01/21/2014 | Joint appendix (3 volumes) filed. (Statement of costs filed) |
| 01/21/2014 | Brief of petitioner Alice Corporation Pty. Ltd. filed. |
| 01/22/2014 | Brief amicus curiae of Retailers in support of neither party filed. |
| 01/23/2014 | Brief amicus curiae of Dale R. Cook filed. |
| 01/27/2014 | Brief amicus curiae of Paul R. Michel in support of neither party filed. |
| 01/27/2014 | Brief amicus curiae of International Association for the Protection of Intellectual Property in support of neither party filed. |
| 01/27/2014 | Brief amicus curiae of Professor Lee Hollaar, and Peter K. Trzyna in support of neither party filed. |
| 01/27/2014 | Brief amicus curiae of Proove Biosciences, Inc. in support of neither party filed. |
| 01/27/2014 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| 01/27/2014 | Brief amici curiae of James B. Lampert, and David A. Chavous in support of neither party filed. |
| 01/28/2014 | Brief amicus curiae of Sigram Schindler Beteiligungsgesellschaft mbH in support of neither party filed. |
| 01/28/2014 | Brief amicus curiae of International Business Machines Corporation in support of neither party filed. |
| 01/28/2014 | Brief amici curiae of Trading Technologies International, Inc., et al. filed. |
| 01/28/2014 | Brief amicus curiae of Intellectual Property Law Association of Chicago in support of neither party filed. |
| 01/28/2014 | Brief amici curiae of Professor Robin Feldman, and U.C. Hastings Institute for Innovation Law, in support of neither party filed. |
| 01/28/2014 | Brief amicus curiae of SHFL entertainment, Inc. in support of neither party filed. |
| 01/28/2014 | Brief amicus curiae of Brian R. Galvin in support of neither party filed. |
| 01/28/2014 | Brief amicus curiae of Conejo Valley Bar Association in support of neither party filed. |
| 01/28/2014 | Brief amicus curiae of Margo Livesay Ph.D. in support of neither party filed. |
| 01/28/2014 | Brief amicus curiae of IEEE-USA in support of neither party filed. |
| 01/28/2014 | Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed. |
| 01/28/2014 | Brief amicus curiae of Association of the Bar of the City of New York in support of neither party filed. |
| 01/28/2014 | Brief amicus curiae of Advanced Biological Laboratories, SA filed. |
| 01/28/2014 | Brief amicus curiae of Ronald M. Benrey in support of neither party filed. |
| 01/28/2014 | Brief amicus curiae of Intellectual Property Owners Association filed. |
| 02/03/2014 | CIRCULATED. |
| 02/11/2014 | Letter received from counsel for amicius curiae Ronald M. Benrey proposing a lodging of the book entitled "Understanding Digital Computers" (1964). Distributed. |
| 02/20/2014 | Brief of respondents CLS Bank International, et al. filed. (Distributed) |
| 02/24/2014 | Brief amicus curiae of The Juhasz Law Firm, P.C. filed. (Distributed) |
| 02/26/2014 | Brief amici curiae of Public Knowledge, et al. filed. (Distributed) |
| 02/26/2014 | Brief amicus curiae of the United States filed. (Distributed) |
| 02/26/2014 | Brief amicus curiae of American Civil Liberties Union filed. (Distributed) |
| 02/26/2014 | Brief amici curiae of Law, Business, and Economics Scholars filed. (Distributed) |
| 02/26/2014 | Brief amicus curiae of Red Hat, Inc. filed. (Distributed) |
| 02/27/2014 | Brief amicus curiae of Tony Dutra filed. (Distributed) |
| 02/27/2014 | Brief amicus curiae of BSA / The Software Alliance filed. (Distributed) |
| 02/27/2014 | Brief amici curiae of RichRelevance, Inc., et al. filed. (Distributed) |
| 02/27/2014 | Brief amici curiae of Software Freedom Law Center, et al. filed. (Distributed) |
| 02/27/2014 | Brief amici curiae of Professors Peter S. Menell and Jeffrey A. Lefstin filed. (Distributed) |
| 02/27/2014 | Brief amici curiae of Microsoft Corporation, et al. filed. (Distributed) |
| 02/27/2014 | Brief amici curiae of Checkpoint Software, Inc., et al. filed. |
| 02/27/2014 | Brief amici curiae of Google Inc., et al. filed. (Distributed) |
| 02/27/2014 | Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed) |
| 02/27/2014 | Brief amicus curiae of Computer & Communications Industry Association filed. (Distributed) |
| 02/27/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 02/27/2014 | Brief amicus curiae of American Antitrust Institute filed. (Distributed) |
| 02/27/2014 | Brief amici curiae of The Clearing House Association L.L.C., et al. filed. (Distributed) |
| 03/19/2014 | Reply of petitioner Alice Corporation Pty. Ltd. filed. (Distributed) |
| 03/21/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 03/31/2014 | Argued. For petitioner: Carter G. Phillips, Washington, D. C. For respondents: Mark A. Perry, Washington, D. C.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 06/19/2014 | Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Ginsburg and Breyer, JJ., joined. |
| 07/21/2014 | JUDGMENT ISSUED |
| 07/22/2014 | Record has been returned for U.S.C.A. Federal Circuit. |
Issue: Whether claims to computer-implemented inventions ” including claims to systems and machines, processes, and items of manufacture ” are directed to patent-eligible subject matter within the meaning of 35 U.S.C. ยง 101 as interpreted by this Court.