Experience
Bernard L. Bilski
David J. Kappos
In its highly anticipated Bilski v. Kappos decision, issued on June 28, 2010, the U.S. Supreme Court overturned the U.S. Court of Appeals for the Federal Circuit's "machine−or−transformation" test, which required that a patentable process either be tied to a machine or apparatus or involve a transformation of a particular article into a different state or thing. The Court also affirmatively recognized that "business methods" are not categorically excluded from the scope of 35 U.S.C. § 101. The decision was the culmination of Finnegan’s efforts on behalf of the applicants in In re Bilski, which began with the Supreme Court granting Finnegan’s petition for a writ of certiorari filed in June 2009. The petition sought to overturn a decision issued on October 30, 2008, by the Federal Circuit which set forth a test requiring that a patentable process either be tied to a machine or apparatus or involve a transformation of one thing into something else. While the Supreme Court affirmed the rejection of the Bilski business method patent application, its decision overturning the Federal Circuit’s machine-or-transformation test was a victory for patents on business method and software. Finnegan made the oral argument before the Court on November 9, 2009.
Bernard L. Bilski v. David J. Kappos, 08-964, S. Ct., Judges Alito, Breyer, Ginsburg, Kennedy, Roberts, Scalia, Souter, Stevens, Thomas
RCT’s method patents affirmed in Federal Circuit’s first section 101 decision since Bilski
Research Corporation Technologies, Inc.
FIS successfully uses PTAB to invalidate quintessential “Business Method Patents”
Fidelity National Information Services, Inc. (FIS)
Jury finds non-infringement and non-willfulness in LG Electronics refrigerator patents case
LG Electronics
Finnegan client successfully uses CBM to invalidate a competitor’s patents
Fidelity National Information Services, Inc.; Metavante Corporation
Trading Technologies International, Inc. v. CQG, Inc.
Trading Technologies International, Inc.
5th Market, Inc. v. Chicago Mercantile Exchange, Inc.
Chicago Mercantile Exchange, Inc.
Research Corporation Technologies v. Microsoft Corp.
Research Corporation Technologies
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