software patent : CAFC Alert

Predictably Divided CAFC Panel Finds Computer System Claims Not Patent-Eligible

| September 17, 2013

Accenture Global Services, GMBH v. Guidewire Software, Inc.
September 5, 2013
Panel: Lourie (author), Reyna, Rader (dissent)

Not surprisingly, the decision of the latest Federal Circuit case on software patent eligibility can be predicted based on the makeup of the CAFC panel.  Judge Lourie, joined by Judge Reyna, issued the majority opinion that the system claims were invalid.  The Court followed the analysis for determining patent eligibility from CLS Bank, 717 F.3d 1269 (Fed. Cir. 2013) and affirmed the district court’s finding that the system claims of U.S. Patent No. 7,013,284 (“the ‘284 patent”) were ineligible.  Judge Rader dissented.

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