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Statutory Subject Matter: Case Summaries June 28, 2010 - October 1, 2010

  • 10.21.10
  • Robert Greene Sterne, Michelle K. Holoubek
  • Sedona Patent Litigation Conference

On June 28, 2010, the Supreme Court issued its decision in Bilski v. Kappos. Since that time, decisions regarding statutory subject matter eligibility have been issued by the USPTO’s Board of Patent Appeals and Interferences, and at least one District Court. The Court of Appeals for the Federal Circuit has also provided insight into subject matter eligibility in two recently-issued decisions, and the Supreme Court denied cert. for a case involving subject matter eligibility on the day after its decision in Bilski v. Kappos. This article includes a summary of each of these decisions, along with a look at several cases waiting on appeal to the Federal Circuit.

 This article was published in conjunction with the 2010 Sedona Patent Litigation Conference materials.


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