Bilski’s out!

Here it is: http://www.supremecourt.gov/opinions/09pdf/08-964.pdf

ESP is collecting third-party analyses and we’re working on our own analysis here: http://en.swpat.org/wiki/Bilski:_analysis_of_Supreme_Court_decision.

Scotusblog.com has some details. Justice Kennedy wrote the court’s opinion. For anyone who can’t connect, here are their live-blog posts:

10:39

Erin:
The decision is released in 08-964, Bilski v. Kappos!
Monday June 28, 2010 10:39 Erin
10:39

Erin:
Affirmed
Monday June 28, 2010 10:39 Erin
10:40

Erin:

The Court holds: the specific invention in this case, a method of predicting business or economic cycles, was ineligible for a patent
Monday June 28, 2010 10:40 Erin
10:40

Erin:
The “machine or transformation test” is NOT the sole test for eligibility to obtain a patent.
Monday June 28, 2010 10:40 Erin
10:41

Erin:
The Kennedy opinion for the majority is not supported in all respects by those who join in part. Breyer concurs in the judgment, joined by Scalia.
Monday June 28, 2010 10:41 Erin
10:41

Erin:
Stevens concurs in the judgment, joined by Ginsburg, Breyer, and Sotomayor.
Monday June 28, 2010 10:41 Erin
10:42

Erin:
It appears that Kennedy’s opinion is joined in full only by Roberts, Thomas, and Alito. Scalia joins all but two parts of the opinion.
Monday June 28, 2010 10:42 Erin
10:43

Erin:
In discussing the proper test for patentability, the Court says the “machine or transformation” test may be a useful and important investigative tool, but it is not the sole test for determining whether a “process invention” is patentable.
Monday June 28, 2010 10:43 Erin
10:43

Erin:
The Federal Patent Act does not categorically exclude business methods from eligibility to be patented.
Monday June 28, 2010 10:43 Erin
10:44

Erin:
The word “method” within the law’s definition of “process” may include at least some methods of doing business. Even though the invention in this case would not be categorically barred from eligibility, the Court says that does not mean it qualifies as a process.
Monday June 28, 2010 10:44 Erin
10:45

Erin:
Stevens is reading from his separate opinion
Monday June 28, 2010 10:45 Erin
10:45

Erin:

He says his statement will be brief, so we should have something else soon