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Bilski ruling highlights uncertainty over business method patents

Eileen McDermott, New York


The US Supreme Court said today in Bilski v Kappos that the Federal Circuit’s machine-or-transformation test is too restrictive and not the only test for determining patent eligibility

The majority opinion was authored by Justice Anthony Kennedy and joined by justices Roberts, Thomas, Alito and Scalia (in part).

A concurring opinion was authored by Justice John Paul Stevens, who many believed would write the majority decision. Justices Ginsburg,...


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