Supreme Court hears business method battle
Eileen McDermott reports from Washington DC on the oral arguments in the Bilski case
Plus: Bilski-proof your
What would you have said?
Attendees lined up outside the High Court early on the
morning of November 9 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
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
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