Advanced Biological Laboratories SA (ABL) has requested in a reply brief that the U.S. Supreme Court (SCOTUS) issue a GVR order—grant its petition for certiorari, vacate the lower court decision and remand for further proceedings—arguing that the Court’s Alice Corp. Pty. Ltd. v. CLS Bank International ruling establishes a different standard for deciding patent eligibility than the standard used by the Federal Circuit Court of Appeals when it invalidated ABL’s patents, which purportedly recite a type of “expert system,” i.e., a computer program, that helps physicians select treatments for their patients. Advanced Biological Labs., SA v. SmartGene, Inc., No. 13-1299 (U.S., reply filed August 6, 2014). Additional information about Alice Corp., which was argued before SCOTUS in April 2014 and decided in June, appears in Issue 75 of this Bulletin.
ABL also argues that the lower court failed to interpret the claims from the perspective of the “relevant audience,” here, computer scientists with knowledge of artificial intelligence technology, and decided the patenteligibility issue without any record support. According to ABL, the Federal Circuit panel ignored the absence of a record “and simply decided, by fiat, that the claimed invention could be performed by human thought alone,” in granting the defendant’s motion for summary judgment.