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