[A2k] Bilski First Impressions . . .

[Seth Johnson]

(4 emails concatenated below. The last link is the transcript. --
Seth)

-----Original Message-----
From: Geza Giedke <ggiedke@ffii.org>
To: softwarepatents@ffii.org
Date: Mon, 09 Nov 2009 21:20:48 +0100 (**through Mon, 09 Nov 2009
23:28:39 +0100 -- Seth)
Subject: [Softwarepatents] first word from the Bilski hearing


first word form the Bilski hearing (which lasted about an hour):


http://www.scotusblog.com/wp/analysis-the-lorenzo-jones-case-emerges/

It would take a most inventive analyst to find a way in the argument
for the risk-management idea under review to fit into the Patent Act's
coverage. The idea had no defenders whatsoever on the bench


The largest question left unanswered when the one-hour argument was
over was whether the Court would go forward and issue a major new
ruling interpreting patent law, when the practical result here seemed
so evident.  Lawyers and judges have invested major resources in the
Bilski case, and it does raise a fundamental question that may well
need answering. But, when there may well be no formulation of patent
law that would salvage the Bilski-Warsaw creation, why bother?

---

Bilski Case Provokes Patent Skepticism from Justices

[...] Justices overall seemed hostile to a broad view of patent
eligibility that would include intangible business processes.

> http://legaltimes.typepad.com/blt/2009/11/bilski-case-provokes-patent-skepticism-from-justices.html

---

a very interesting and detailed eye witness report from the hearing by
IPWatch:

> http://www.ipwatchdog.com/2009/11/09/bilski-arguments-complete-at-the-us-supreme-court/id=7217/

According to the author, it seems that the SCOTUS doensn't like the
Bilski patent but also doesn't like the "machine-or-transformation"
test prescribed by the Appeals Court. The report gives the impression
that probably Bilski will not get his patent but the patentability of
software will not be restricted. One judge is quoted saying that
"nothing in this case will change State Street" - i.e. the decision
that opened the door to software patents in the first place.

regards
 Geza

---

another analysis of the hearing

http://www.patentlyo.com/patent/2009/11/supreme-court-hears-bilski-v-kappos.html

and the link to the transcript:

http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-964.pdf