Last Month at the Federal Circuit (Bilski Decision) - June 2010, Special Edition


Machine-or-Transformation Test Is Not the Exclusive Test to Determine Patent Eligibility of “Process” Under 35 U.S.C. § 101, and Business Methods Are Not Categorically Excluded.

Justice Kennedy delivered the opinion of the Court, in which Justices Roberts, Thomas, and Alito joined in full, and Justice Scalia joined except for Parts II-B-2 and IIC- 2. Justice Stevens fi led a concurring opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined. Justice Breyer fi led a concurring opinion, in which Justice Scalia joined as to Part II.

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