EcommerceTimes: Bilski Brouhaha: Supreme Court Keeps Stevens at Bay
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Started by: ggiedkeggiedke
Date: 05 Jul 2010 20:11
Number of posts: 1
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Summary:
Although all of the justices agreed that the invention at issue was unpatentable, the opinion is fractionated, with justices joining various pieces of the opinion, and Justices Stevens and Breyer writing concurrences to elaborate their views hostile to patenting in the information sector. Justice Kennedy's plurality decision held that the Federal Circuit's Machine-or-Transformation test could not be an exclusive test under section 101, although subsequent tests could be propounded consistent with the Court's precedent.
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