Supreme Court hears business method battle


Eileen McDermott reports from Washington DC on the oral arguments in the Bilski case

Plus: Bilski-proof your claims
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 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 Scalia.


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

Related Articles

Most read articles

Latest Country Updates

Supplements