Interview with Bruce Sunstein on Patent Eligibility and Alice Corp v. CLS Bank

New England Law Review On Remand's Podcast

Today, we are joined by Bruce Sunstein, founder and partner at Sunstein Kahn Murphy & Timbers, LLP, to discuss his forthcoming article “How Prometheus Has Upended Patent Eligibility: An Anatomy of Alice Corp. v. CLS Bank.” His Article discusses the Supreme Court’s recent decision in Alice Corp. v. CLS Bank, in which the Court ruled on the patent-eligibility of computer-related inventions, clarifying confusion of the application of the Court’s 2012 Mayo v. Prometheus decision to these inventions. Attorney Sunstein asserts, among other things, that the Alice Court disregards deeply ingrained principles of patent law in its approach to patent eligibility doctrine by considering patent claims generally, rather than addressing claim limitations rigorously. He further criticizes the Alice decision for misconstruing precedent and working against the goals of the patent system.