Tag Archives: Bilski

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

  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

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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WILL THE NIGHTMARE FOR BIOTECH PREP/PROS NEVER END?

I recently gave a talk on patenting biomarkers, and was asked to talk about “push-back” by the courts and the PTO against getting useful patent claims in this emerging area (the gateway to “personalized medicine.” I was struck with how … Continue reading

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"LOOKS BAD FOR BUSINESS METHODS" — A note by Erwin J. Basinski

The Bilski case before the US Supreme Court came up for oral argument on November 9. After a couple of reads, My initial impressions are: 1. Most of the questions from the Justices (primarily Scalia, Breyer, Roberts, Sotomeyor, Stevens, Kennedy, … Continue reading

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