The Supreme Court finally heard oral arguments in the Bilski v. Doll case and everyone has something to say about it. Whether the Court will make a narrow ruling on that the claim at issue is not patent eligible subject matter rather than some broad ruling that would cover all methods patents is certainly likely but uncertain.
The court may, however, issue various additional reflections that distinguish the claims from the patent eligible process in Diamond v. Diehr. There could also be various concurrences that help provide guidance for diagnostic patents and other methods currently placed into question.
While we can’t predict how the Supreme Court will ultimately rule in this particular case, we can take a moment to reflect on some of the wonderful quotes batted around by the court. Pick your favorite gem below:
(sigh)
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This post was mentioned on Twitter by JewelryHoncho: Poll: What’s Your Favorite Quote from Bilski? http://bit.ly/3I8H7G...
I personally loved Justic Scalia’s dismissal of the concept that transforming a signal in’t a physical transformation. Too bad it came in oral arguments, rather than a holding.
JUSTICE SCALIA: Well, it was — it was transforming sound into electrical current and then at the other end electrical current back into sound. I mean it met the transformation test, didn’t it?
MR. JAKES: It might have. It might have.
JUSTICE SCALIA: It clearly did.