The Remaining Questions After Bilski

Law360 (June 28, 2010, 6:27 PM EDT) -- The U.S. Supreme Court today issued its long-awaited decision in Bilski. Even the briefest read of the majority decision, written by Justice Anthony Kennedy, and the accompanying concurring opinions by Justices John Paul Stevens and Stephen Breyer, leads to the conclusion that the opinion will raise more questions than it answers.

Bilski involved the patentability of claims generally directed to explaining “how buyers and sellers of commodities in the energy market protect, or hedge, against the risk of price change.” In re Bilski, No. 08-964, Slip...
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