Brief of Amici Curiae: The Application Developers Alliance, Wild Tangent, Inc. v. Ultramercial, LLC, et al, No. 13-255 (S. Ct. 2013)

24 Pages Posted: 22 Jan 2014

See all articles by Jack I. Lerner

Jack I. Lerner

University of California, Irvine School of Law

Date Written: September 23, 2013

Abstract

Brief amicus curiae urging the Supreme Court to grant certiorari, arguing that the Federal Circuit Court of Appeals has worsened critical flaws in the patent system that deeply affect amicus, an association of mobile application developers. Unlike other innovators, app developers work exclusively with software, and most are small businesses with little capital. As overly broad software patents have proliferated in recent years, non-practicing patent assertion entities have launched a wave of litigation and intimidation that has made it extremely difficult for many app developers to operate. The Federal Circuit’s decision in this case exacerbates these problems by adding to its deep internal divisions over the proper threshold for patent eligibility. Furthermore, by announcing an overly permissive standard for eligibility, the Federal Circuit has immeasurably worsened the patent litigation crisis for app developers and small innovators everywhere.

Keywords: patent, patents, patent eligibility, patent subject matter eligibility, software patents

JEL Classification: K39

Suggested Citation

Lerner, Jack I., Brief of Amici Curiae: The Application Developers Alliance, Wild Tangent, Inc. v. Ultramercial, LLC, et al, No. 13-255 (S. Ct. 2013) (September 23, 2013). Available at SSRN: https://ssrn.com/abstract=2382428 or http://dx.doi.org/10.2139/ssrn.2382428

Jack I. Lerner (Contact Author)

University of California, Irvine School of Law ( email )

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HOME PAGE: http://www.law.uci.edu/faculty/full-time/lerner/

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