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
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.