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The Bilski Decision Is In: Buh-Bye [Most] Business Methods Patents - As text & updated 3Xs

Oct 31, 2008, 16:31 (1 Talkback[s])
(Other stories by Pamela Jones)

"I want to thank Red Hat most particularly for its wonderful amicus brief that it filed in this case, for representing the community's interests and getting certain issues on the court's radar. However, the court in footnote 23 does not go as far as one might have hoped, at least not in this case:

""Therefore, although invited to do so by several amici, we decline to adopt a broad exclusion over software or any other such category of subject matter beyond the exclusion of claims drawn to fundamental principles set forth by the Supreme Court. See, e.g., Br. of Amicus Curiae End Software Patents; Br. of Amicus Curiae Red Hat, Inc. at 4-7. We also note that the process claim at issue in this appeal is not, in any event, a software claim. Thus, the facts here would be largely unhelpful in illuminating the distinction between those software claims that are patent-eligible and those that are not not.""

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