As we mark the ten-year anniversary of Alice Corp. v. CLS Bank International in 2024, debates surrounding the decision continue. According to critics, the analytical framework that the U.S. Supreme Court’s decision established for testing the subject matter eligibility of patented inventions continues to yield inconsistent results. However, this view is contradicted when one considers affirmance data from the Federal Circuit, district courts, and the Patent Trial and Appeal Board.
The original analysis of this on-going legal issue is provided by Dennis Abdelnour and David Thomas at Honigman. Their critique provides a more nuanced understanding of the impact of Alice Corp. v. CLS Bank International on patent law.
Examining the ten years since the decision in Alice Corp. v. CLS Bank International, the argument cast on the predictability of the established framework seems to take a center stage. This account by Abdelnour and Thomas provides an important perspective on an enduring legal debate.