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Alice and the Patent Beast

By Robert D. Fish of Fish & Tsang LLP

Robert D. Fish is the founding partner of Fish & Tsang LLP. He currently oversees more than a thousand active patent matters and numerous trademark matters, including extensive foreign filings. He also is involved in several patent enforcement programs, which include inbound and outbound licensing, arbitration and litigation. Fish is the author of Strategic Patenting, White Space Patenting, Green Fields Patenting and Prosecution Magic, comprehensive guides to the complete patent process. He also pens the "Patent Beast" comic strip and designs patent-themed board games to educate and bring humor to the patent process.

Fish & Tsang LLP is a premier intellectual property (IP) law firm providing strategic services of only the highest caliber to help make clients' dreams come true. Holistically guiding clients through the patent process, Fish & Tsang uses a three-pronged approach - education, brainstorming and data-mining - to provide the best legal counsel possible and help turn IP visions into realities. For more information, visit or call (949) 943-8300.

After the Supreme Court's recent decision in Alice v. CLS Bank, blog posts, articles, and web forums exploded with criticism and confusion. What is the Court doing? Doesn't the Court know the difference between subject matter eligibility and novelty or non-obviousness analysis? Can't the Court see it is killing...

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