The Supreme Court's Decision in Bilski

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On June 28, 2010, the Supreme Court issued its long-awaited decision in Bilski v. Kappos, No. 08-964, and, significantly, affirmed the underlying Federal Circuit decision in In re Bilski, 545 F.3d 943 (Fed. Cir. 2008), even while refusing to adopt the Federal Circuit's holding that the only test for section 101 patentability was the so-called "machine-or-transformation" test. The Supreme Court held in its majority opinion, as did the Federal Circuit below, that business method patents are not categorically unpatentable, although the majority provided the caveat that while the Patent Act "appears to leave open the possibility of some business method patents, it does not suggest broad patentability of such claimed inventions."

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