Alice – Dumber Than A Doorstop: Re-Framing the Patent-Eligible Subject Matter Analysis

I’ve written a number of different versions of this article since Alice Corp. v. CLS Bank Int’l 1 (“Alice”) was decided by the U.S. Supreme Court in 2014, but I never published any of them. As the world sits and waits for the Supreme Court to act on the petition for a writ of certiorari (filed in December of 2020) in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, et al. (“American Axle”) asking the Court to address the major problems created by Alice, motivation struck me again.

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