Bilski goes to SCOTUS.
Jun. 2nd, 2009 08:49 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
elwenThe Supreme Court has granted certiorari in In re Bilski, in which the Federal Circuit cut back on the scope of permissible business method patents. (Believe me, it's a big deal.)
I guess this is kind of old-ish news now, but I was too busy stressing out about hotels yesterday to pay attention.
I've never mentioned it, but I think it's kind of cool that Sotomayor is a former IP litigator. But, soft IP is considerably different from patents, and I'd like to think that she will recognize that subtlety and take a second look at any pro-protection biases she might have before voting to reverse or cut back Bilski (and hence restore some patent protection to business methods).
But regardless of how Sotomayor might differ from Souter, it hasn't seemed like patent protection is a 5-4 area in the first place. All the Justices have been pretty anti-patent protection lately. So I don't think it will make a big difference.
I guess this is kind of old-ish news now, but I was too busy stressing out about hotels yesterday to pay attention.
I've never mentioned it, but I think it's kind of cool that Sotomayor is a former IP litigator. But, soft IP is considerably different from patents, and I'd like to think that she will recognize that subtlety and take a second look at any pro-protection biases she might have before voting to reverse or cut back Bilski (and hence restore some patent protection to business methods).
But regardless of how Sotomayor might differ from Souter, it hasn't seemed like patent protection is a 5-4 area in the first place. All the Justices have been pretty anti-patent protection lately. So I don't think it will make a big difference.
