CLS Services v. Alice Corporation was decided yesterday by the Court of Appeals for the Federal Circuit, en banc. See Judgment. Alice Corporation is an Australian company. Its U.S. patent was held to be invalid as it did not claim patentable subject matter.
"Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101."
There were a number of judgments. The footnote to one judgment states:
"No portion of any opinion issued today other than our Per Curiam Judgment garners a majority. The court is evenly split on the patent eligibility of the system claims. Although a majority of the judges on the court agree that the method claims do not recite patent eligible subject matter, no majority of those judges agrees as to the legal rationale for that conclusion. Accordingly, though much is published today discussing the proper approach to the patent eligibility inquiry, nothing said today beyond our judgment has the weight of precedent."