Monthly Archives: June 2010

Late-comers guide: What is Bilski anyway?

Everyone expects the US Supreme Court to publish their decision on the "Bilski" case today (June 28th 2010). The court has to decide on the validity of a patent on a business method, but that’s not the main issue. Everyone expects that patent to be rejected, but the main issue is that to reject a patent the court must give a general test and explain why this patent fails that test. We want to know if they’ll propose a test which will also be failed by some or all software patents.

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No Bilski; last possible date: Monday 28th

No Bilski today. The only date left on the calendar for announcing decisions is Monday June 28th. The court confirmed today that Monday will be the last day for announcing decisions, so either we get Bilski then, or there’s a very remote possibility that they will hold Bilski until the new term after the Summer. Background on this case can be found at v. Kappos.

New Zealand software patents victory crumbling

NZICT (who’s NZICT?) reports that they convinced the politician in charge of the Patents Bill, Hon Simon Power, to do a u-turn and open the floodgates for software patents. The report was posted on a patent lawyer’s blog, then deleted, but copies have been mirrored:

More details below. People in NZ will have to work on this to prevent a catastrophe.

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Yet again, no Bilski

June 14th‘s opinions have been published, and Bilski’s not there. The SCOTUSblog folk at the court also confirm there’s no Bilski decision. The court has announced that they will additionally publish opinions this Thursday. The possibility of delaying the decision until the next term is very unlikely as Chief Justice Roberts said at a conference last week that Bilski will “almost certainly be issued on one of the next three Mondays – June 14, 21, or 28.” Since June 14th is now passed, and the 17th has been added, that makes three possible days for announcing Bilski: June 17th, 21st and 28th.