EFF: Happy Birthday Alice: Four Years Busting Software Patents
Happy Birthday Alice: Four Years Busting Software Patents This week marks the fourth anniversary of the Supreme Court’s decision in Alice v. CLS Bank . In Alice , the court ruled that an abstract idea does not become eligible for a patent simply by being implemented on a generic computer. Now that four years have passed, we know the case’s impact: bad patents went down, and software innovation went up. Lower courts have applied Alice to throw out a rogues’ gallery of abstract software patents. Counting both federal courts and the Patent Trial and Appeal Board, there are more than 400 decisions finding patent claims invalid under Alice . These include rulings invalidating patents on playing bingo on a computer, computerized meal plans , updating games , and many more. Some of these patents had been asserted by patent trolls dozens or even hundreds of times. A single ruling threw out 168 cases where a troll claimed that companies infringed a patent on the idea of storing and ...