On October 30, 2008, in In re Bilski, No. 07-1130 (Fed. Cir. Oct. 30, 2008) the Federal Circuit handed down the latest judicial effort to provide guidance about the types of subject matter that are eligible for patent protection. Since that decision was published, commentators from both sides of the issue have weighed in on its meaning and impact. While some have lamented that the decision signals the death knell of software and business method patent claims, others have complained that the court’s decision did not go far enough because it leaves open these areas for patent protection without sufficient restrictions. But the real effect of Bilski on the patent laws is likely somewhere in the middle of these two extremes.

Please see full newsletter for more information.