Bilski Argument Puts Spotlight On Business Methods

Law360, New York (November 9, 2009, 7:27 PM EST) -- The U.S. Supreme Court seems likely to affirm the rejection of a patent application filed by inventor Bernard Bilski, but it is grappling with exactly how to determine which business methods are patentable, according to lawyers who attended Monday's oral argument.

J. Michael Jakes, a partner with Finnegan Henderson Farabow Garrett & Dunner LLP who represented Bilski, argued before a packed house that the U.S. Court of Appeals for the Federal Circuit's “machine or transformation” test was too rigid and narrow.

But most of the justices...
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