26 thoughts on “Bilski v. Kappos

  1. 26

    how does one prove infringement of such claims?

    Proving infringement is the patentee’s problem, not the PTO’s problem. It has nothing to do with whether the patent is valid.

  2. 25

    The claims of Bilski read on, for example, a human being sitting at a desk. This amounts to an abstract idea–how does one prove infringement of such claims?

    The issue is similar to the issue of specificity raised in 35 USC 112, which requires that the claims be specific enough to inform the public what is patented.

    The claims in the State Street case cover a data processing system–ie a “machine”. It is possible to prove infringement of such a claim.

    End of discussion.

  3. 24

    Odd that Breyer read his dissent from the bench

    Especially odd, as there is no dissent in the decision.

  4. 23

    Looks like Stevens might have lost his majority opinion. Odd that Breyer read his dissent from the bench, but that JPL did not.

  5. 22

    All concurred in the judgment…no shock there…

  6. 21

    Only 71 pages for all opinions? I expected much more…

  7. 19

    Where the f is the link Bilski watcher?

  8. 18


    6 and MM, crying yet?

  9. 17

    The Federal Patent Act does not categorically exclude business methods from eligibility to be patented.

  10. 16

    Yikes…sounds like a splinter decision…

  11. 15

    Alito authored this one, so that only leaves off Satomayer.

  12. 14

    Kennedy is the author??

  13. 13


  14. 12

    Bilski’s affirmed!

  15. 11

    In the Boston area? Come by for a post Bilski drink at the FSF link to fsf.org

  16. 10

    If Justice Stevens is indeed the author, it will probably be the last one published unless Chief Justice Roberts writes a majority opinion. It goes in reverse senority…

  17. 9

    The good news is that a decision has been handed down today

    The bad news is that it is not Bilski

    Or vice versa

  18. 7

    I’m guessing Stevens is in the minority.

  19. 6

    llllllet’s get ready to rumble… =)

  20. 5

    Interesting that Justice Ginsberg is present with yesterday’s death of her husband….

  21. 4

    To the tune of “O come all ye faithful”

    Oh why are we waiting?
    Why are we waiting? etc.

  22. 2

    Hope so…

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