McDonnell Boehnen Hulbert & Berghoff LLP attorneys Michael Borella, Ph.D. and Rory Shea co-authored an article entitled, “Not Just a Flook?: Consideration of Prior Art When Evaluating Subject Matter Eligibility” that appears in the September 2013 edition of Intellectual Property Today. On May 10, 2013, the Federal Circuit handed down the much-anticipated en banc decision in CLS Bank Int’l v. Alice Corp. This case is perhaps the most important 35 U.S.C. § 101 jurisprudence regarding the patent eligibility of computer-implemented inventions since the Supreme Court’s Bilski v. Kappos and Mayo v. Prometheus decisions. While the overall effect of this case remains to be seen and is likely to be a subject of heated debate, this decision has the potential to impact both patent litigation and prosecution. View the article (subscription required)
Note: this article originally appeared in the MBHB Summer 2013 edition of snippets publication.