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Bilski Applied to Void for Abstractness Patents for Methods and Systems of Creating and Settling Debts

By Andis Kaulins

Patently-O has the story on the case, CLS Bank Int'l v. Alice Corp. (D.D.C. 2011), at Bilski Applied to Invalidate Computer System Claims, where DC District Court Judge Rosemary M. Collyer (website) through her findings -- in our opinion -- moved forward toward an ultimate position on a higher court. The Federal Circuit might not be a bad place to start. We need competent judges like this to continue to bring sanity to the patent system.

As written by Steve Lundberg at Patents4Software (sponsored by Schwegman, Lundberg & Woessner):

"[T]he district court found that the ?heart? of the patented invention in suit ... was a business method ?directed to an abstract idea of employing an intermediary to facilitate simultaneous exchange of obligations in order to minimize risk.?  The court found this idea was ?a basic business or financial concept? much like that struck down in Bilski v. Kappos, 130 S. Ct. 3218 (2010)....

As to the system claims of the ?720 patent, the court found the claims, ?as written, would wholly preempt the use of the abstract concept in any computer.?  The court further noted that ?[d]espite the fact that the ?720 Patent system claims and Alice?s asserted method claims are directed to different patent eligible categories under § 101, their preemptive effect would be largely one and the same.? "

Bravo, Judge Collyer!

Full post as published by LawPundit on March 25, 2011 (boomark / email).