Bilski Update

In the March 11th issue of the AGG Healthcare Authority, Dr. Robert Hodges reported on developments involving patent eligible subject matter in “Court Rulings Threaten Patent Protection for Diagnostics.” His article discussed the issues affecting the diagnostic field caused by the In re Bilski case at the Court of Appeals Federal Circuit. In that opinion the Federal Circuit crafted a “bright line” test for business method patents, and many commentators noted that the decision signaled that lower courts should rein in patents in related areas such as software and biotechnology. The Federal Circuit opinion does not suggest, however, how tightly those “reins” should be employed. On June 1, 2009 the U.S. Supreme Court granted the Petition for Certiorari for this case.

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