LexisNexis® Legal Newsroom
In Re Bilski: Business Method Patents Trudge On

On the last day of its October 2009 term, more than seven months after oral argument, the Supreme Court of the United States issued its decision in In re Bilski . Justice Kennedy delivered the majority opinion affirming the U.S. Court of Appeals for the Federal Circuit's decision that Bilski's...

In re Bilski: Eligibility of Patent Protection for Business Methods Survives - For Now

Yesterday [June 28, 2010], the U.S. Supreme Court sidestepped a decision as to whether business methods are categorically excluded from patent protection, allowing the possibility of patent eligibility for business methods to survive for now. The majority focused its opinion on the narrow issue presented...

Bilski v. Kappos—Back Where We Started?

The Supreme Court of the United States issued a decision in In re Bilski affirming the Court of Appeals for the Federal Circuit's decision that Bilski's claims were not eligible for patenting under §101, but reversing the Federal Circuit's ruling that "machine or transformation"...

The Supreme Court Adopts Machine-or-Transformation Test as One Test for Patenting Business Methods

LEGAL ALERT June 30, 2010 In Bilski, et al. v. Kappos , the United States Supreme Court affirmed the use of the Federal Circuit's "machine-or-transformation" test as one test for patentability of processes, but held that it is not the only test for patentability under 35 U.S.C. §101...