PatentDocs: The Supreme Court, In re Bilski and the Lingering Question of Labcorp v. Metabolite
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Started by: zoobabzoobab
Date: 02 Jun 2009 10:49
Number of posts: 1
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Summary:
The Supreme Court today granted certiorari to the patent applicants in the In re Bilski case, an en banc decision from the Federal Circuit last fall. In doing so, the Court continued its recent history of more direct supervision of the Federal Circuit, a decision made more notable by the Federal Circuit's express reliance on its interpretation of Supreme Court precedent in crafting a legal test for patentability of method claims. Since it is rare for the Supreme Court to take a decision merely to affirm (something the Court has even more rarely done with Federal Circuit opinions), it is likely that the Federal Circuit's "machine or transformation" test will be modified if not completely abrogated.
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