December 2014

Ending The Open Season on Software Patents

By: Kyle J. Trout  |   December 10, 2014

DDR Holdings v.

In the months following the Supreme Court’s decision in Alice Corp v. CLS Bank, the Federal Circuit has made liberal use of the two-pronged abstract idea test to find software and business method patents invalid under 35 U.S.C. § 101. Under Alice, the test for determining whether a patent claim encompasses an ineligible abstract idea is to 1) determine that the claim involves such an abstract idea, and 2) determine whether that claim recites something “significantly more” than the abstract idea.