En banc oral arguments for Ex parte Bilski will be held at 2:00 pm May 8 at the CAFC Courthouse in DC. [Calendar] Room 201 is expected to be filled to capacity for this important case.
In addition to the parties, the CAFC has requested oral arguments from two amici: Regulatory Datacorp (RDC) and the “Financial Services Industry” group of seven that includes Bank of America, Morgan Stanley, and Wachovia.
Professor John Duffy will argue for RDC. Over the past several years, Duffy has firmly established himself as the country’s leading conservative patent thought leader. RDC’s amicus brief makes the point that applied economics falls well within any reasonable definition of “useful arts.” According to Duffy, statutory subject matter should only limit claims that are directed to abstract ideas, physical phenomena, or principles of nature.
On the other hand, BOA argues that State Street and its progeny are unduly broad both as written and as interpreted. BOA rejects any “technological arts” requirement that would allow a token inclusion of a ‘machine’ to render a claim patentable subject matter. Bill Lee, Managing Director of WilmerHale will make this argument.
- Although not confirmed, I believe that David Hanson of the Webb Law Firm will handle Bilski’s case while Ray Chen from the PTO Solicitor’s office will argue for the PTO.
- File Attachment: bilski amicus order.pdf (72 KB)
- RDC’s Brief: /media/docs/2008/04/bilski.duffy.pdf
- BOA’s Brief: /media/docs/2008/04/bilski.fsi.pdf
- The rest of the briefs: https://patentlyo.com/patent/2008/04/ex-parte-bilski.html