Anticipate This!™ | Patent and Trademark Law Blog

Bilski Decision Tomorrow (Thursday, June 17th)? Maybe?

Posted in Practice Commentary by Jake Ward on June 16, 2010

JW Update 06/24/10 @ 10:31AM:  No Bilski for you!  At least, not today.  Looking forward to Monday, 6/28, where the last four decisions of the term (including Bilski) are likely to be published.  On another note, be sure to check out www.scotusblog.com on the morning of the opinion.  My favorite comment from their live blog this morning:  “10:21 Tom: The Court has voted unanimously to drive patent lawyers crazy.”

JW Update 06/21/10 @ 10:28AM:  Nothing again today!  Maybe this Thursday (06/24) or next Monday (06/28)!  A tip for other Bilski-watchers out there . . . check out www.scotusblog.com on the mornings that SCOTUS decisions are released.  They have an awesome “Live Blog window” that provides live updates as the decisions are released, without the need for refereshing the browser.  Pretty cool.

JW Update 06/17/10 @ 10:20AM:  Or maybe NOT.  No Bilski decision today, folks.  Maybe next week! 

In mid-May until the end of June, the Supreme Court of the United States (SCOTUS) releases orders and opinions.  SCOTUS has yet to issue a number of decisions this term, however, and it is rapidly moving toward summer recess.  Most notable from a patent law perspective is that the decision in Bilski v. Kappos, which was argued in November 2009, has yet to be decided. 

As a reminder for those who have been out-of-the-loop for the past several months, the questions presented in the petition for U.S. Supreme Court review in Bilski, and which have the patent law community on pins and needles, were as follows:

1. Whether the Federal Circuit erred by holding that a “process” must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing (“machine-or-transformation” test), to be eligible for patenting under 35 U.S.C. § 101, despite this Court’s precedent declining to limit the broad statutory grant of patent eligibility for “any” new and useful process beyond excluding patents for “laws of nature, physical phenomena, and abstract ideas.”

2. Whether the Federal Circuit’s “machine-or-transformation” test for patent eligibility, which effectively forecloses meaningful patent protection to many business methods, contradicts the clear Congressional intent that patents protect “method[s] of doing or conducting business.” 35 U.S.C. § 273.

Notably, and as reported by the Scotus Blog here, the Supreme Court has announced that it may have some opinions ready to be released tomorrow, June 17th, at 10:00AM.  Maybe we’ll finally have the Bilski decision tomorrow? Any bets?

4 Responses

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  1. David said, on June 19, 2010 at 6:41 am

    In my experiences with the Supreme Court of the United States, they take FOREVER! I don’t think that they are going to come to a decision yet. It is too soon for them in my opinion.

  2. Jonathan said, on June 28, 2010 at 3:15 pm

    Decision released today. :)

    • Jake Ward said, on June 28, 2010 at 7:18 pm

      Thanks, Jonathon. I’m presently at Reagan National waiting to board after a long day of inventor interviews. Actually was sitting in an Examiner’s office this morning when it issued … we were both watching the Scotusblog live blog. Looking to post on Bilski tomorrow!

      • Jake Ward said, on June 28, 2010 at 7:19 pm

        Meant “examiner interviews”. Like I said, long day ;-).


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