Patently-O: Guest Post: Ten Reasons the Supreme Court Should Take In re Bilski
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Started by: zoobabzoobab
Date: 06 Apr 2009 10:57
Number of posts: 1
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Summary:
The Federal Circuit Picked Bilski - At the Federal Circuit, Mr. Bilski's case progressed normally at first. Briefs were filed; oral arguments were held. But before the panel rendered its decision, the court ordered that the appeal would be heard en banc "in a long-overdue effort to resolve primal questions on the metes and bounds of statutory subject matter" according to Judge Mayer. In its en banc Order, the court invited briefing from the parties and the public on five questions ranging from whether Bilski's claims were patent-eligible under section 101 to what standard should govern the patent-eligibility of a process. The court also took the extraordinary step of inviting two representatives of amicus parties to participate in the en banc oral arguments. Clearly, the court decided that Bilski was the case to resolve the very "primal" question of when a process is patentable under section 101.
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