Creative, Pre-Markman ADR Approach Offers Reliable Outcomes in Post-Bilski Patent World

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I came to bury Caesar, not to praise him” (William Shakespeare, Julius Caesar, Act III, Scene ii, line 80) Marc Antony’s famous burial oration over the body of Julius Caesar comes to mind in reading the recent Federal Circuit decision In Re Bernard L. Bilski and Rand A Warsaw, Serial No. 08/833,892. The majority opinion by Chief Judge Michel, in particular, illustrates the tension that now exists in patent cases between the various United States District Courts, the United States Court of Appeals for the Federal Circuit, and finally, the United States Supreme Court.

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