In The Wake Of Bilski

Law360, New York (May 28, 2009, 12:00 AM EDT) -- On June 1, 2009, the Supreme Court granted Bernard Bilski’s petition for certiorari.

While the world waits to see what will happen now that the Supreme Court has decided to hear argument on the Federal Circuit’s decision in Bilski, both the federal courts and the Board of Patent Appeals and Interferences continue to struggle with exactly how to apply the Federal Circuit’s machine-or-transformation test to the specific process claims before them.


On Oct. 30, 2008, the Federal Circuit issued its decision in In re Bilski,...
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