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Federal Circuit Rehearing Could Redefine Patent Law

Publication Date: 
October 10, 2012
Daily Journal
Rachel Swan


Professor Mark Lemley spoke with The Daily Journal's Rachel Swan about the en banc ruling and how he is optimistic it may help an "extremely muddled and panel-dependent law."

A federal appeals court decided Tuesday to grapple again with whether some computerized business methods are patentable, a question that already has intellectual property experts buzzing.

The U.S. Court of Appeals for the Federal Circuit, based in Washington, D.C., agreed to consider en banc a case involving whether an Australian company's data processing patents are patent-eligible. CLS Bank International v. Alice Corporation Pty. Ltd., 2011-1301.


Mark A. Lemley, a professor at Stanford Law School, hopes the en banc ruling will help clarify an extremely "muddled and panel-dependant law."


Still, Lemley is cautiously optimistic. In the amorphous realm of patent law, any en banc decision will help.