"Whenever Justice Kennedy waxes poetic about the Information Age, Justice Scalia gets off the bus. The result is an exceptionally narrow holding that doesn’t give much comfort to partisans on either side.[…]
The primary winners from all this are the patent lawyers. Not only are there few restrictions on what can be patented, but the high court’s failure to articulate a clear rule means even more litigation. All is not lost, though. Justice Stevens is retiring, but Justices Breyer, Ginsburg, and Sotomayor all signed onto his opinion. If Justice Kagan sides with her fellow liberals, then they’ll need just one more vote to restore some sanity to patent law. As the patent system continues to inflict damage on the IT industry, the need for reform will only get more obvious. Hopefully, the next time the Supreme Court has an opportunity to fix the problem, Justice Scalia will get off the fence."
Source: http://timothyblee.com/2010/06/29/justice-scalias-indecision-a-victory-for-the-patent-bar/


