Bilski Bailout: Why SCOTUS Should Grant Cert

Law360, New York (February 24, 2009, 12:00 AM EST) -- There has been no dearth of debate about the decision by the U.S. Court of Appeals for the Federal Circuit (CAFC) in the case of In Re Bilski, in which the CAFC interpreted Supreme Court precedent to hold that a claim drawn to a process is patent-eligible subject matter only if (1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing.

Applying this test, the CAFC found that the method steps being claimed...
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