Supreme Court Decides Bilski


On June 28, 2010, the Supreme Court issued its opinion in Bilski v. Kappos, ___ U.S. ___ (2010). Justice Kennedy delivered the opinion of the majority of the Court. Justice Scalia did not join in certain parts of the opinion. Justice Stevens, with whom Justices Ginsburg, Breyer and Sotomayor joined, concurred in the judgment, and Justice Breyer filed a separate concurrence. Unfortunately, this case provides little, if any, guidance for the future. The law regarding so-called business method patents and claims to non-technology-related processes is as unpredictable as ever.

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