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Bilski Decision Watch (The Final Stretch?)
,----[ Quote ]
| Even the most ardent defenders of the
| current patent regime expect the Court to
| strike down "business method" patents. The
| big question will be if the Court goes even
| farther and delivers a broader decision
| affecting software patents and other
| controversial forms of patent monopolies.
`----
http://www.againstmonopoly.org/index.php?perm=593056000000003144
Bilski, Kenny Rogers and Supreme Court Rule 46
,----[ Quote ]
| It remains a puzzle why the petitioners in
| this case are persisting in an appeal that
| seems not only doomed but also capable of
| establishing new and unpredictable
| restrictions to the scope of patentable
| subject matter. I had previously thought
| that âirrational exuberanceâ provided the
| best answerâthat the Bilski petitioners
| were likely to remain unrealistically
| optimistic about their chances for success
| right up to the end. But the presence of a
| multibillion-dollar corporation controlling
| the litigation decreases the chances that
| the strategy is due to simple inventor
| over-optimism. Perhaps the entity
| controlling the petitionersâ side of the
| case is really quite wily, for there would
| be no cause to âfold âem,â if the
| petitionersâ side would view thorough
| defeat as victory. That would explain much.
`----
http://www.patentlyo.com/patent/2010/06/bilski-kenny-rogers-and-supreme-court-rule-46.html?cid=6a00d8341c588553ef0133f1c56815970b
Unravelling US Extra-territorial Law
,----[ Quote ]
| One of the side-effects of waiting
| breathlessly for Bilski at SCOTUS is seeing
| other things that the supremes decide.
|
| A recent opinion slaps down rulings made by
| lower courts over decades that US
| securities fraud laws applied globally.
| There is so much assumption in the culture
| of the USA that the world should do things
| the way they do them: film, politics,
| copyright, software patentsâ
`----
http://pogson.6k.ca/2010/06/25/unravelling-us-extra-territorial-law/
Premonitions of Bilski
,----[ Quote ]
| Tom Goldstein on SCOTUSBlog has written his
| best estimate of who will write the
| decision on Bilski:
|
| * Justice Stevens will write it
| * the scope of patents will be
| narrowed, probably restricting software
| patents
| * the court will be unanimous but
| possibly split on the scope of the
| rulingâ
|
| He bases this on the history and
| involvement of Stevens on law of patents.
| He has a history of narrowing patent
| rights.
`----
http://pogson.6k.ca/2010/06/26/premonitions-of-bilski/
The Final Four Decisions
,----[ Quote ]
| At oral argument in Bilski, Justice Stevens
| was very engaged. He asked counsel for the
| patentee the following telling question:
| âBut is it correct that thereâs none â none
| of our cases has ever approved a rule such
| as you advocate?â Justice Stevens also was
| seemingly doubtful that the involvement of
| a machine could render a process
| patentable, and furthermore that software
| could be patentable, which suggests a very
| narrow interpretation of business method
| patents and that the ruling could spell
| significant trouble for software patents.
`----
http://www.scotusblog.com/2010/06/the-final-four-decisions/
Justice Stevensâ last day
,----[ Quote ]
| This is just a reminder that Justice
| Stevensâ last day on the Court, after
| decades of service, will be Monday.
| Members of the bar who are in Washington
| should consider attending. I will be
| giving out free bow ties.
`----
http://www.scotusblog.com/2010/06/justice-stevens-last-day/
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