From the category archives:

Supreme Court

Did Pre-Bilski Claim Construction Help Doom Patent Validity In District Court?

July 13, 2009

U.S. District Courts in California continue to be somewhat hostile towards patent applications when it comes to the question of what constitutes patentable subject matter.  On July 7, the U.S. District Court for the Central District of California applied the Bilski machine-or-transformation test to the patentability of a method claim and found the claimed system [...]

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Business Method Patent Tips Offered In Wake of Bilski, Comiskey, MuniAuction

June 19, 2009

Patent practitioners discussed the viability of business method/software patent protection during a recent BNA audioconference looking at recent decisions by the U.S. Court of Appeals for the Federal Circuit.  But, they also provided clues on best strategies for litigating patents that have already been granted.
The June 3rd conference, sponsored by BNA’s Legal & Business EDge division, [...]

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Supreme Court Will Hear Bilski Despite SG’s Recommendation

Thumbnail image for Supreme Court Will Hear Bilski Despite SG’s Recommendation June 1, 2009

The case is a challenge to an en banc ruling last October by the U.S. Court of Appeals for the Federal Circuit that a process for predicting and hedging risk in commodities markets did not deserve a patent, because it was not tied to a machine, and did not result in a physical transformation.
 
The In [...]

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Quick Look at Judge Sonia Sotomayor’s IP Cases

Thumbnail image for Quick Look at Judge Sonia Sotomayor’s IP Cases May 28, 2009

Patent
 
Supreme Court nominee Judge Sonia Sotomayor has understandably had few patent-related cases while on the Second Circuit, but was more involved in patent trials while on the Southern District of New York.  She has never sat on the Federal Circuit as a Visiting Judge.
 
District Court Patent Cases
 
Judge Sotomayor had two cases that reached the Federal [...]

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AIPLA Spring Meeting: District Court Judge Has Not Seen Impact post-eBay

May 18, 2009

After hearing presentations describing a different “post-eBay world” in the wake of the U.S. Supreme Court’s much debated decision on injunctive relief, Judge Joseph J. Farnan of the U.S. District Court for the District of Delaware argued that the high court’s 2006 ruling “hasn’t done a whole lot,” and rather can best be seen as [...]

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Solicitor General Opposes Review Of Bilski Patentable Subject Matter Test

May 7, 2009

The In re Bilski machine-or-transformation test for patentable subject matter is “drawn directly from” the U.S. Supreme Court’s decisions on the issue, the U.S. Solicitor General argued in a May 4 brief submitted in opposition to the petition for a writ of certiorari in the case (Bilski v. Doll, U.S., No. 08-964, brief filed 5/4/09).
 
Saying [...]

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