Bilski – What It Means, Part 3 – The Mayer Dissent & Some Intangibility Questions

“I know. It takes us into OMG territory. It’s what Bilski was
trying to address. The AT&T decision built on and depended on
State Street, and Judge Mayer is saying that State Street came out
of the blue, contradicting prior common law and the patent
statutes, and it really needs to be clearly killed off and buried,
along with any of its children, because it was a mistake, one that
launched what he calls “a legal tsunami” of regrettable patents on
what ought to be the unpatentable.

“You’ll find all five of the questions the court asked everyone
to answer here, by the way, along with links to other cases cited
prominently in the Bilski decision.”

Complete
Story