What Supplemental Briefing Bodes For Bilski

Law360, New York (March 11, 2008, 12:00 AM EDT) -- The Federal Circuit has, on its own initiative in a pending appeal, ordered supplemental briefing concerning the patentability of process claims and the Federal Circuit’s 1998 decision in State Street Bank & Trust Co. v. Signature Financial Group Inc., which eliminated the “business method exception” to patentable subject matter.

The appeal concerns the denial by the Board of Patent Appeals and Interferences (“BPAI”) of a patent to Bernard Bilski and Rand Warsaw for an “Energy Risk Management Method.”

According to the BPAI’s opinion, the invention concerns...
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