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• Title: Forty Years of Wondering in the Wilderness and No Closer to the Promised Land: Bilski's Superficial Textualism and the Missed Opportunity to Return Patent Law to Its Technology Mooring. (Symposium)
• Author : Stanford Law School
• Release Date : January 01, 2011
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 352 KB

Description

INTRODUCTION When the Supreme Court granted certiorari in Bilski v. Kappos in the summer of 2009, (1) the patent community was galvanized. In view of the murky and conflicting reasoning of the Benson-Flook-Diehr trilogy (2) from the 1970s and early 1980s and the Supreme Court's inaction on patentable subject matter since that time, it appeared that the Court was poised to clarify one of the most confounding and potentially critical areas of patent law at a crucial juncture in the information age. Why else, in this era of parsimonious certiorari grants, (3) would the Court review the Federal Circuit's rejection of a patent that nearly everyone considered unworthy of protection? The Federal Circuit's fractured en banc resolution of patentable subject matter in In re Bilski presented an opportunity for the Supreme Court to reengage and bring coherence to the boundaries of patentable subject matter.... Or so many hoped.

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