Durie Tangri Files Supreme Court Amicus Brief

February 27, 2014

Durie Tangri’s Mark Lemley and Clem Roberts filed an amicus brief in front of the U.S. Supreme Court on behalf of 17 software companies.  The brief, submitted in the pending case of Alice Corporation Pty. Ltd. v. CLS Bank International, et al. argues that software companies innovate in order to delight their customers and despite – not because of – the availability of software patents.  The brief argues that software’s short and fast life-cycle makes it uniquely unsuited to patent protection, and argues that the other forms of protection (including copyright, trade secret, first mover advantages and network effects) are better suited to the software environment.

A copy of the brief is available here.