Category Archives: Patent Eligible Subject Matter

Rader’s Dissent in Bilski – Keeping It Real

Posted on July 19, 2010 by Warren Woessner

Discussing a particularly convincing dissent, commentators frequently are compelled to close with: “But it was a dissent.” The most influential dissent in recent months may well be Judge Rader’s dissent in In re Bilski, 545 F.3d 943, 1011 (Fed. Cir. 2008). … Continue reading →

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Are Abstract Ideas Not Actually Abstract?

Posted on July 2, 2010 by Warren Woessner

The following post is from Jim Hallenbeck of Schwegman, Lundberg & Woessner. The disposition of Bilski rested on a holding that Bilski’s claims were directed to an abstract idea – hedging.  (Decision at end of post.) The root case for … Continue reading →

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Prometheus v. Mayo and Classen v. Biogen Sent Back to Federal Circuit

Posted on June 29, 2010 by Warren Woessner

  Not unexpectedly, today the Supreme Court granted cert. in Prometheus v. Mayo, (09-490) vacated, and remanded to the Fed. Cir. for reconsideration in view of Bilski v. Kappos, decided yesterday. While this clears the Court’s collective desk, I don’t … Continue reading →

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Bilski Claims Fail As Attempt To Claim “Abstract Idea” – Future Of Business Method Patents Cloudy

Posted on June 28, 2010 by Warren Woessner

Today, the Supreme Court affirmed the rejection of Bilski’s claims. (Attached at end of posting.)  The 16 page Opinion of the Court was authored by Justice Kennedy, joined in full by Justices Thomas, Roberts, and Alito.  The opinion held that … Continue reading →

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