The Money Suite Company v. 21st Century Insurance and Financial Services Inc., et. al., 1-13-cv-00984 (DED January 9, 2014, Order) (Sleet, J.)
Monday, January 13, 2014
Cases Implicating Section 101 for Computer-Implemented Inventions Stayed Pending Alice Corp.
The court sua sponte stayed five of plaintiff's actions pending the Supreme Court's review of a case regarding patentable subject matter. "[Defendant] alleges the [patent-in-suit] is directed to an abstract idea -- using a computer to generate a quote for a financial product-- and is thus non-patentable subject matter. . . . The abstract idea judicial exception to patent eligibility under § 101 of the Patent Act, as applied to computer-implemented inventions, is an issue that has divided the Federal Circuit. . . . However, the Supreme Court has recently granted [a] petition for writ of certiorari [in Alice Corp. Pty. Ltd. v. CLS Bank Int'l, No. 13-298 (U.S. Dec. 6, 2013). The Supreme Court's decision to grant certiorari will hopefully lead to an opinion that shall provide guidance for innovators and district courts alike with regard to patent eligibility of computer-implemented inventions under 35 U.S.C. § 101."