Conflicting Post-Bilski Cases: Classen And CyberSource
September 15, 2011, 1:48 PM EDT
Law360, New York (September 15, 2011, 1:48 PM EDT) -- What methods cannot be patented, even if they are novel and useful? A deeply divided Federal Circuit panel struggled with that question in Classen Immunotherapies Inc. v. Biogen Idec, No. 2006-1634 (Aug. 31, 2011). Classen reveals that the Federal Circuit remains split on method patents after the U.S. Supreme Court’s decision in Bilski v. Kappos, 130 S. Ct. 3218 (2010).
§ 101 of the Patent Act provides that a patent can be granted on a new and useful process, machine, manufacture or composition of matter. The...