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Documents on Litigation, Banking & Financial Services
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|Patent Eligibility of Software Innovations After CLS Bank|
Richard G. Gervase, Peter F. Snell; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 22, 2013, previously published on May 17, 2013The en banc Court of Appeals for the Federal Circuit recently could not agree on the proper approach for determining whether software-based inventions constitute patent eligible subject matter under § 101 of the patent statute or whether they fall within the judicially-created “abstract...
|Ohio Supreme Court Says Ohio Consumer Sales Practices Act Does Not Apply to Servicing of Residential Mortgage Loans|
Matthew G. Burg; Weltman, Weinberg & Reis Co., L.P.A.;
May 21, 2013, previously published on May 15, 2013Does the Ohio Consumer Sales Practices Act ("OCSPA") (codified in Chapter 1345 of the Revised Code) apply to servicers of residential mortgage loans? That was the question an Ohio federal district court asked the Ohio Supreme Court to determine. The answer - it does not. See Anderson...
|CLS Bank Int’l v. Alice Corporation Provides Little Guidance from Federal Circuit on § 101 Eligibility of Method, Computer Readable Medium and Computer System Patents|
James Carroll, Guy R. Gosnell; Alston & Bird LLP;
May 21, 2013, previously published on May 20, 2013Practitioners have been awaiting the decision in CLS Bank Int’l v. Alice Corp. in hopes that the Court of Appeals for the Federal Circuit (CAFC) would clarify whether claims drawn to computer-implemented subject matter are statutory subject matter under 35 U.S.C. § 101. Unfortunately,...
|In En Banc Decision, Federal Circuit Finds Software-Related Claims Patent-Ineligible|
Sughrue Mion PLLC;
May 17, 2013, previously published on May 13, 2013On May 10, 2013, the United States Court of Appeals for the Federal Circuit issued a one-paragraph decision in CLS Bank v. Alice Corporation.
|Nuggets in the Ashes: A Few Guideposts Unearthed from CLS Bank v. Alice Corporation|
Kenneth G. Parker, Richard D. Rochford, Michael M. Shen; Haynes and Boone, LLP;
May 17, 2013, previously published on May 16, 2013The Federal Circuit released the results of its en banc hearing of a case involving the issue of what is patentable eligible subject matter under section 101 of the Patent Act. (CLS Bank International v. Alice Corporation Pty. Ltd., ---- F. 3d. ---, Case No. 2011 1301 (May 9, 2013).) The Federal...
|Magistrates to Handle Florida Residential Foreclosure Actions - Florida Supreme Court Amends Rule 1.490 and Significantly Changes Landscape of Residential Foreclosure Litigation|
Scott St. Amand, Douglas L. Waldorf; Rogers Towers, P.A.;
May 17, 2013, previously published on May 16, 2013It is no secret that Florida consistently ranks among the worst states in the union in regards to the mire of the residential mortgage foreclosure case backlog. From 2007 to 2013, approximately 1.5 million foreclosure cases have been filed in Florida alone. As of February 2013, nearly 360,000 cases...
|Alabama Federal Court Affirms Bankruptcy Court’s Holding That Filing a Proof of Claim on Time-Barred Debt Does Not Amount to an FDCPA Violation|
Rachel R. Friedman, Alan D. Leeth; Burr & Forman LLP;
May 17, 2013, previously published on May 13, 2013In a consolidated appeal of two cases from the United States Bankruptcy Court for the Middle District of Alabama, the United States District Court for the Middle District of Alabama held last week that the filing of a proof of claim in a debtor’s bankruptcy case does not amount to an FDCPA...
|Northern District of New York Rejects FDCPA Plaintiffs’ Equitable Tolling Theory|
Frank Springfield, Jordan Teague; Burr & Forman LLP;
May 17, 2013, previously published on May 14, 2013In Nichols v. Niagara Credit Recovery, Inc., No. 5:12-cv-1068, 2013 WL 1899947 (N.D.N.Y. May 7, 2013), the Northern District of New York held that the plaintiffs’ Fair Debt Collection Practices Act (“FDCPA”) claims were barred by the FDCPA’s one-year statute of limitations,...
|En Banc Decision in CLS Bank: No Clear Resolution for Eligibility of Computer-Related Inventions|
George C. Beck, Jeffrey J. Mikrut; Foley & Lardner LLP;
May 16, 2013, previously published on May 13, 2013On May 10, 2013, the Federal Circuit, sitting en banc, issued a per curiam decision in CLS Bank International v. Alice Corporation Pty. Ltd., No. 2011-1301, affirming that the asserted method, computer-readable media, and system claims are not directed to eligible subject matter under 35 U.S.C....
|Financial Services and Markets—A Perfect Litigation Storm?|
Christopher Braithwaite, Lucas J. Moore; Jones Day;
May 15, 2013, previously published on May 2013For companies operating in the UK financial services sector, recent regulatory reform, greater access to justice and developments in collective action regimes are likely to change the litigation landscape. The process of seeking and obtaining compensation is being made easier.