Created by Libby Levi, courtesy of US law on software patents is as chaotic as it’s ever been. In May, the US Court of Appeals for the Federal Circuit, which takes all patent appeal cases, agreed to have an important case about software patents, Alice Corp. v. CLS Bank, heard “en banc” by the full court (10 judges at the time). That produced one of the most splintered rulings ever to come out of the court.

The ten judges hearing the case issued seven different opinions. None of those opinions gained a six-judge majority, so the ruling produced no binding precedent. It also showed how the Federal Circuit was all over the map when it came to software patents. Today, the Supreme Court said it will step in to bring some order to that chaos.

The court has accepted Alice Corp.’s petition and will be hearing the case sometime next year. 3     

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