On Monday, for the first time since the invention of email, the Supreme Court heard arguments on the extent to which software can be patented. The issue before the court in Alice Corp. v. CLS Bank, No. 13-298, is the validity of a patent issued for a software program which uses a third-party intermediary to mitigate the risk of default in financial transactions. In layman terms, escrow.
While the use of escrow is centuries old,...
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