Four Years After Alice, Software Patents Making a Comeback

Following the Supreme Court’s 2014 decision in Alice Corp. Prop. Ltd. v. CLS Bank Int’l., many practitioners assumed that trying to patent software would be so difficult and unpredictable that it was not worth the effort. This Today’s General Counsel article from Banner & Witcoff attorney Aseet Patel notes that one case in particular, Finjam, showed that’s not necessarily the case. Moreover, he says, further developments “foretell that the Alice pendulum has noticeably swung back toward center.”