Donald Chisum Monograph: Cert. Grant in CLS Bank: Background and Commentary

This is a guest post from the Chisum Patent Academy and is posted with their permission.

Patents on Computer-Implemented Methods and Systems: The Supreme Court Grants Review (CLS Bank) (Dec. 10, 2013)

The Chisum Patent Academy is pleased to provide you with Donald Chisum’s new 58-page monograph surveying background developments and commenting on the Supreme Court’s grant of certiorari in No. 13-298, Alice Corp. Pty. Ltd. v. CLS Bank Int’l (Dec. 6, 2013).

Chisum concludes:

“The Supreme Court often intervenes to resolve splits among the various courts of appeal. Here a split exists within a circuit that the circuit itself is unable to resolve. The circuit judges’ varying interpretations of a body of recent and not-so-recent Supreme Court precedent riddled with fuzzy language and inconsistent results caused the split. Now, the Court has the opportunity (and the obligation) to clean up a mess that is, to a major extent, of its own making.”

The full monograph is available here.

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One Response to Donald Chisum Monograph: Cert. Grant in CLS Bank: Background and Commentary

  1. EG says:


    Don’s comments in this monograph are spot on. SCOTUS has completely mucked up patent-eligibility under 35 USC 101. Even worse, SCOTUS is completely hypocritical in criticizing the standards applied by the Federal Circuit to patent-eligibility, while failing to articulate any objective standard for patent-eligibility determinations, including defining what is or is not an “abstract idea.”

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