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CLS Bank Ruling a Big Deal for Valley Software Patents

Publication Date: 
June 19, 2014
The Recorder
Scott Graham

Professor Mark Lemley weighs in on the implications of the Supreme Court's ruling in Alice Corp. v. CLS Bank International and the impact it will have on the software industry for The Recorder. 


A Supreme Court opinion that never mentioned the word "software" is expected to have a big impact on the software industry. Silicon Valley lawyers and academics were debating just how big on Thursday after the high court ruled in Alice Corp. v. CLS Bank International that an abstract idea does not become patent eligible merely by implementing it through a generic computer.


"I expect that holding to invalidate the majority of all software patents in force today," predicted Stanford law professor Mark Lemley, who is also a partner at Durie Tangri.