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[News] Bilski Decision is Released, Coverage Anticipating It Mentions Stevens' Role

  • Subject: [News] Bilski Decision is Released, Coverage Anticipating It Mentions Stevens' Role
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Mon, 28 Jun 2010 20:37:21 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.4.2
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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.


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.  


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


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. 


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.


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.

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