We are lucky to share with you insights from our New York patent experts Charles Wizenfeld, Michael S. DeVincenzo, and Andrea Pacelli, on a significant decision from the United States Court of Appeals for the Federal Circuit.
As our New York colleagues note, following the US Supreme Court decision in Alice Corp Pty Ltd v CLS Bank International, 573 US 208 (2014), the US Court of Appeals for the Federal Circuit ‘wiped out’ a multitude of software claims for lack of subject matter eligibility. This resulted in arguments about lack of subject matter eligibility under Section 101 becoming a first line of defence in patent litigation in the software industry.
However, Broadband iTV Inc v Amazon.com Inc 113 F 4th 1359 (Fed Cir 2024) may signal the beginning of a shift in the way US courts look at the eligibility of patent claims, at least those directed to improved user interfaces.
Take a look at their detailed analysis here.
