Justices also turn away from challenge to contraception coverage and refuse to overturn Arizona court ruling on medical marijuana

This article is more than 6 years old

This article is more than 6 years old

US Supreme Court justices gave little indication they would set new guidelines on patent eligibility of software, one of a series of arguments and decisions coming from the court on Monday.

From their questions during an hour-long oral argument, the court appeared likely to rule for CLS Bank International by saying Alice Corp Pty Ltd's patents for a computer system that facilitates financial transactions were not patent eligible.

Although some of the nine justices signaled a willingness to set a test that would describe exactly what types of computer-implemented inventions were patent eligible, others suggested there was no need for so broad a ruling. A decision is expected by the end of June.



Chief Justice John Roberts questioned whether a proposed test, suggested by Solicitor General Donald Verrilli on behalf of President Barack Obama's administration, would make the complex issue any clearer.

"I'm just doubtful that's going to bring about greater clarity and certainty," Roberts said of the proposal.

Justice Sonia Sotomayor also suggested the court might steer clear of the broader question.

"Why do we have to reach software patents in this case at all?" she asked Verrilli.





The case is being closely watched by a broad swath of companies in the technology sector and beyond.

Turns back challenge to birth control coverage

Also on Monday, the justices turned away an early look at a challenge by religiously affiliated not-for-profit groups to the new health care law's provision on birth control coverage.

Lawsuits filed by the Roman Catholic Archdiocese of Washington and others are making their way through the courts. The justices on Monday declined to weigh in on them before any federal appeals court has reached a final decision.

The Obama administration has devised a compromise to the law's requirement that contraception be included in health plans' preventive services for women. The compromise attempts to create a buffer for religiously affiliated hospitals, universities and social service groups that oppose birth control. Their insurers or the health plan's outside administrator would pay for birth control coverage and creates a way to reimburse them.

Arizona county loses appeal over marijuana

The court refused to overturn Arizona court rulings ordering the Yuma County sheriff to return marijuana that was seized from a woman with a California medical marijuana authorization honored by Arizona.

The justices' order was issued without comment Monday in the case of Valerie Okun, who had marijuana in her car when a Border Patrol agent stopped her and her husband in Yuma County, Ariz., in 2011. She was charged with marijuana possession crimes, but the charges were dropped when she provided proof she was authorized to possess marijuana under California's medical marijuana program. Arizona's medical marijuana law allows people with authorizations from other states to have marijuana in Arizona.

But the Yuma County sheriff refused to return Okun's marijuana, even after Arizona courts ruled in her favor.

Rejects fishing rights appeal

The Supreme Court turned away an appeal by the state of Alaska in a long-running fight over the control of rivers and the fishing and hunting rights of Alaska Natives.

The justices declined to review a federal appeals court ruling that upheld U.S. Interior Department rules enforcing the fishing and hunting rights on some rivers that otherwise would be under state control.

The state urged the high court to step in to address claims that the federal government has improperly asserted control over rivers in more than half of Alaska.

Alaska Natives groups and the Obama administration supported the appellate ruling.