Word: bilsky
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...deeper reason behind the Supreme Court Justices' choosing to hear this case has to do with the nuances of the decision at a lower court. After the U.S. patent office denied their patent in 2006, the Bilski-Warsaw duo took their appeal to the Court of Appeals for the Federal Circuit. The panel of 12 judges heard the case, and came to the conclusion that the patent office was justified in its dismissal...
...bench seemed to reflect this view, and several Justices suggested somewhat humorously that if the Bilski argument were to proceed, a number of other ludicrous patents could be issued. Justice Antonin Scalia asked if under Bilski's argument, methods of horse-training could be patented, while the court's newest member, Justice Sonia Sotomayor, asked if a "method of speed-dating" was patentable...
Undeterred, the counsel for Bilski, J. Michael Jakes, replied that some of the examples could potentially be patented as long as they are novel, not obvious and not simply abstract ideas...
Huge legal expenses and 13 years later, the two men behind the case, Bernard Bilski and Rand Warsaw, had their day in the U.S. Supreme Court on Nov. 9. Most legal experts though, agreed that the duo had no chance of victory. "I don't think anyone other than Bilski thinks that Bilski deserves a patent," says Mark Lemley, a professor of law at Stanford University. (See the 50 best inventions...
...call them Bilski rejections," says Keith McWha, a New York City-based patent attorney...