By Charles Macedo and Sandra Hudak, Amster Rothstein & Ebenstein LLP (May 4, 2017, 11:11 AM EDT) -- In Bilski v. Kappos, 561 U.S. 593 (2010), the U.S. Supreme Court was faced with the challenge of defining the law of patent eligibility under 35 U.S.C. § 101 for the first time since the early 1980s. The Supreme Court held that the "machine-or-transformation test," while "an important and useful clue" of patent-eligibility, was not the sole test for determining whether an invention is a patent-eligible process. Bilski v. Kappos, 561 U.S. 593, 604 (2010). It did not establish an alternative test, but instead reviewed its previous precedent to find that the patent-at-issue was indeed invalid as directed to the abstract idea of "hedging risk."...