Alice Corporation v. CLS Bank, the landmark case over the legality of software patents, has reached the U.S. Supreme Court. The journey to get there has been long and drawn out, but now that it’s being discussed by SCOTUS, what are the chances that their eventual decision will be broad, decisive and clear? Simon’s been looking over the transcript of Monday’s hearing in an attempt to assess the direction the questioning seems to be taking.
Highlighting “a good deal of apparent scepticism” on the part of the Justices, Simon picks out a number of quotes in which the Justices state and restate the problem, seemingly unsatisfied by the response each time. One Justice Scalia statement helps us understand the core of the problem under discussion: “If you just say ‘use a computer,’ you haven’t invented anything.” Despite this scepticism, Chief Justice Roberts expressed doubts that their ruling will “bring about greater clarity and certainty,” and this wasn’t the only sign that the court might be reluctant to provide the strong clarification the Solicitor General asked for and that the technology economy needs.