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Bilski’s Claims Unpatentable Abstract Ideas; Machine-or-Transformation a Useful, Not Exclusive Test for Patentable Subject Matter

Bilski’s Claims Unpatentable Abstract Ideas; Machine-or-Transformation a Useful, Not Exclusive Test for Patentable Subject Matter

By Anna M. Budde • on June 30, 2010

Bilski v. Kappos, No. 08-964 (S. Ct. June 28, 2010). On June 28, 2010, the Supreme Court issued its long-awaited (oral arguments were November 9, 2009) decision in Bilski v. Kappos. The Court affirmed the rejection of Mr. Bilski’s claims, which were directed to methods of hedging against a risk of price changes for a commodity, as an unpatentable

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Bilski loses, but business methods live to fight another day

Bilski loses, but business methods live to fight another day

By Gregory A. Stobbs • on June 30, 2010

On June 28, 2010, the Supreme Court handed down its ruling in the long-awaited Bilski v Kappos case. The outcome? Bernard Bilski will not be receiving a patent on his method of hedging risk. Software patents and business method patents have not been outlawed. The Federal Circuit Court of Appeals has

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It’s The Network

It’s The Network

By Gregory A. Stobbs • on August 22, 2009

Scott C. Harris was all set to go eBay one better, with his “Real Time Auction with End Game.” Bidders would use their computers to submit their bids in secret, along with times when those bids should be executed. An agent-based system submitted those bids at the appointed time and then

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Ex parte Cherian – and the misguided software per se rejection

Ex parte Cherian – and the misguided software per se rejection

By Gregory A. Stobbs • on July 27, 2009

How do you check compliance with a standard, without making reference to the standard? The applicants in Ex parte Cherian purportedly figured that out, but were denied a patent by the BPAI because their system claim was deemed non-statutory software per se. Ex

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