Landmark 101 Ruling to Affect CBM Filing Strategies?
This time last year, I considered whether a negative outcome in CLS Bank v. Alice Corp might serve as a catalyst for 101 challenges at the USPTO’s Patent Trial & Appeal Board (PTAB). That is, with most Covered Business Method (CBM) challenges including 101 grounds, and some only including such grounds for fast-tracking purposes, whether the Decision might encourage a flood of such filings with the PTAB.
Since that time, the CAFC issued an unsatisfying divided opinion, and then last week, the Supreme Court of the United States finally decided the issue. Where does that leave us, and what has changed?