直 Japanese PDF Font
  • 我们的专业人员
  • 服务
  • 我们的见解
  • 办公室
  • 事务所
  • 人才招聘
Finnegan
  • 新闻
  • 飞翰事实
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • 慈善性法律援助
  • 管理层
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

James R. Barney

No Fireworks at the Supreme Court as Bilski Finally Comes to an End

July/August 2010

World Intellectual Property Review

This article discusses the Bilski v. Kappos decision and the impact it has on the future of patent law, stating that there were no clear winners or losers and that the court decided it is better to leave the lower courts leeway in deciding cases on their particular circumstances than to possibly damage future innovation by unnecessarily limiting the scope of the statute. In Bilksi v. Kappos, the Supreme Court upheld the Federal Circuit’s finding that the claims were unpatentable based on its finding that Bilski was attempting to patent an abstract idea. It also rejected the Federal Circuit’s ‘machine or transformation’ test as the exclusive test for patentable processes. Michael Jakes, partner at Finnegan, argued the case for Bilski at the Supreme Court and stated, “We are disappointed by today’s decision because we believed the Bilski/Warsaw claims should be patentable under the broad language of the Patent Act. We are pleased, however, that the court rejected the Federal Circuit’s very limiting machine-or-transformation test and confirmed that business methods are not excluded from patenting...We will work within the guidance provided by the court to revise the Bilski/Warsaw claims and obtain the patent protection our client has sought for more than 10 years.”

Related Professionals

J. Michael Jakes
合伙人
Washington, DC
+1 202 408 4045
Email

Related News

Commentary

East Texas Reclaims Its Patent Crown

August 21, 2026

Media Mention

Law360's Legal Lions of the Week: Volkswagen Group of America, Inc.

August 21, 2026

Commentary

Early Test of USPTO's Ex Parte Preorder Filing Leads to Re-Exam Denial

August 21, 2026

Award/Ranking

31 Finnegan Attorneys Recognized by Best Lawyers 2027

August 20, 2026

Commentary

Why Global IP Litigants Keep Turning to English Courts

August 19, 2026

Media Mention

VW Wins in Patent Appeal Over Electrically Controlled Glasses

August 19, 2026

Media Mention

Federal Circuit Backs Volkswagen’s $207,500 Fees Against NPE

August 19, 2026

Press Release

USPTO Denies Super Lighting Reexamination Request Following PVTECH Pre-Order Submission Under New USPTO Procedure

August 19, 2026

Press Release

Federal Circuit Overrules Precedent En Banc in Finnegan Pro Bono Victory for Federally Employed Veterans

August 18, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • 隐私
  • 免责申明
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP