On July 26th, the Federal Circuit revisited the issue of whether and when a patent's use of a computer makes a claim patentable. Plaintiff asserted patents for determining the values required to manage a stable value protected life insurance policy using a computer. Holding that the asserted claims are for patent-ineligible abstract ideas, the Federal Circuit affirmed the entry of summary judgment dismissing the case. Unlike CLS Bank International v. Alice Corporation PTY. Ltd., where the patents for a computerized trading platform for third party settlement of financial obligations were found to be eligible for protection, the instant claims' use of a computer are not directed to a "very specific application" of the inventive concept and were therefore not patentable. Bancorp Services, LLC v. Sun Life Assurance Co. of Canada (U.S.).
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Back through the looking glass of patent eligibility
- Winston & Strawn LLP
- July 30 2012
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