Supreme Court asks tough questions in Bilski oral arguments
The US Supreme Court yesterday grappled with the question of what constitutes patent-eligible subject matter in one of the most high-profile patent cases in the nation’s history
Attendees lined up outside the High Court early Monday
morning to gain access to the 1:00 pm hearing in Bilski
and Warsaw v Kappos.
The Court was packed to capacity - about 400 people gathered
to hear the controversial patent case, and many more were
turned away. Bradley Wright of Banner & Witcoff was in line
by 9:45 am and was still the 41st member of the Bar to be
admitted to the court room.
Justice Scalia kicked off the questioning, interrupting
Bilski's counsel, J Michael Jakes, when he asserted that the
Federal Circuit's October 2008
decision promoting the so-called
machine-or-transformation test as the proper test to apply in
determining patent eligibility was too rigid. "What is wrong
with [the] analysis that [the term] 'useful arts' always was
thought to deal with machines and inventions?" asked
Jakes replied that business has traditionally been
considered to be within the realm...
Please log in
to read the rest of this article. New to Managing Intellectual Property?
Take advantage of free access to up to 5 articles on Managing IP and become a member today. It’s free to join and the benefits start straight away.
Please make sure you log in to read the rest of the article.
Join us nowGain FREE access to up to five free articles when you register now.