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Alice's Adventures In Oz: Revealing The Man Behind The Curtain, David Swetnam-Burland, Stacy O. Stitham
Alice's Adventures In Oz: Revealing The Man Behind The Curtain, David Swetnam-Burland, Stacy O. Stitham
Akron Intellectual Property Journal
According to the Supreme Court's contrariwise thinking, in the world of Alice Corp. Pty. Ltd. v. CLS Bank Internation, Section 101 can and should be used early in litigation to distinguish a genuine, patentable invention from a sham-that is, to expose to scrutiny the idea behind the curtain.
Alice In Wonderland V. Cls Bank: The Supreme Court's Fantastic Adventure Into Section 101 Abstract Idea Jurisprudence, Annal D. Vyas
Alice In Wonderland V. Cls Bank: The Supreme Court's Fantastic Adventure Into Section 101 Abstract Idea Jurisprudence, Annal D. Vyas
Akron Intellectual Property Journal
This Article proposes a solution to the current problems surrounding section 101 and patent-eligibility. Specifically, it advocates for an amendment to section 101 of the Patent Act that eliminates the abstract idea exception when conducting a patent eligibility analysis. This approach has several advantages, including the fact that judges no longer need to provide logically contortioned explanations as to why one idea is "abstract" and another is not. Nor will judges have to decide whether an abstract idea can still be patent eligible by virtue of being an "inventive concept of an abstract idea."
Part II of this Article reviews …