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In Re Bilski - Transcript of Today's Oral Argument at the US Supreme Court - Updated 3Xs

Nov 10, 2009, 22:03 (0 Talkback[s])
(Other stories by Pamela Jones)

"Thank heaven there were so many amicus briefs, because reasonable, logical arguments were few and far between from either attorney, in my view, in that they each seemed to argue very much for the status quo, or in the case of Bilski's lawyer for an even broader free-for-all in patentability.

"The rational questions, however, are refreshing and somewhat encouraging. Here is one question from Justice

"Sonia Sotomayor:

""So how do we limit it to something that is reasonable? Meaning, if we don't limit it to inventions or to technology, as some amici have, or to some tie or tether, borrowing the Solicitor General's phraseology, to the sciences, to the useful arts, then why not patent the method of speed dating?"

"This was shortly followed by Justice Breyer:

""You know, I have a great, wonderful, really original method of teaching antitrust law, and it kept 80 percent of the students awake. They learned things... (Laughter) It was fabulous. And I could probably have reduced it to a set of steps and other teachers could have followed it. That you are going to say is patentable, too?"

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