Patent Baristas

Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101. An equally divided court affirms the district court’s holding that the asserted system claims are not directed to eligible subject matter […]

On the final day of the term, the U.S. Supreme Court released its long-anticipated decision in Bilski v. Kappos.  Experts discuss the implications of the decision, and give keen insight into the case. To listen, please right click on the audio file you wish to hear and then select “Save Link As…” or “Save Target […]

MEMORANDUM DATE:            June 28, 2010 TO:                  Patent Examining Corps FROM:           Robert W. Bahr, Acting Associate Commissioner For Patent Examination Policy SUBJECT:     Supreme Court Decision in Bilski v. Kappos Today, the Supreme Court affirmed the USPTO’s decision that the claims in the patent application at issue in Bilski v. Kappos are not patent-eligible under 35 U.S.C. […]

This morning, the Supreme Court issued its long awaited opinion in Bilski v. Kappos, a case which dealt with whether new processes were patentable only if they were performed with a specific machine, or resulted in a physical transformation of some article. In the run up to the decision, many commentators had predicted that the Court […]

A Telecast by the Program on Information Justice and Intellectual Property, Washington College of Law, American University and the Federal Circuit Bar Association are presenting a telecast on Patentable Subject Matter After the Bilski Oral Argument. Date: November 19, 2009 Place: Washington College of Law Time: 4:30- 6:30 p.m. EST In Bilski v. Kappos, the […]

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 […]

The Supreme Court finally heard oral hearings in the Bilski v. Doll case.  Here, the Court was asked to consider 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 […]

SCOTUScast is presenting a podcast debate between Professor Michael Risch (WVU) and Professor Joshua Sarnoff (American) on the In re Bilski case.  They each filed competing amicus briefs before the en banc panel last year, and so are ideal opponents. This 30-minute podcast, part of a podcast series called SCOTUSCast run by the Federalist Society, […]