Recap: Bilski Oral Argument at Supreme Court

The U.S. Supreme Court heard oral arguments on Monday in Bilski v. Kappos, which will require it to rule on the patentability of a method of hedging risks in commodities trading.  Michael Jakes of Finnegan, Henderson, Farabow, Garrett & Dunner represented Petitioner Bilski, and Malcolm Stewart, assistant to the U.S. Solicitor General, represented Respondent Kappos of the Patent and Trademark Office. Overall, the Justices pushed both sides to advance a reasonable standard for evaluating the Continue Reading →

STLR Link Roundup – November 6, 2009

The latest on the STLR radar: Patently-O wonders whether the Supreme Court might take the opportunity afforded by the upcoming Bilski method patent case to scrap software patents, and states the socio-economic case for abandoning them. Engineering crime scenes: Lawyers.com considers a study which suggests that fabricating DNA evidence is far from science fiction. On the Edges of Science and Law blogs about the latest developments in the challenge to the constitutionality and validity of Continue Reading →

STLR Publishes New Article Addressing In re Bilski and Invention Incentives

STLR is pleased to announce the publication of the fall issue of STLR Volume XI. The article entitled Predictability and Patentable Processes: The Federal Circuit’s In re Bilski Decision and Its Effect on the Incentive to Invent discusses the Federal Circuit’s most recent en banc decision addressing the scope of patentable subject matter under § 101.  In Bilski, the court reformulated the semi-positive Machine or Transformation test articulated in Supreme Court precedent into a positive Continue Reading →