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In what many consider a surprise decision, the Supreme Court in Bilski decided that business methods can be patented, and rejected the machine-or-transformation test as the “sole test” for patent eligibility. However, uncertainty remains on what will pass muster with the courts and the PTO.
Our seminar will discuss implications of the Supreme Court’s decision, including:
- The current patentability requirements under Section 101
- Avoiding “abstract idea” pitfalls
- Litigation strategies in light of Section 101 challenges to method claims
- The PTO’s likely approach following Bilski
- Upcoming Federal Circuit cases that may help define patentability
We look forward to discussing these issues with you, and have assembled knowledgeable Morrison & Foerster lawyers who will offer their insights into these important topics. There will also be time reserved for questions and answers. This will be an important briefing for any company that holds patents with method claims – or who has competitors that enforce them.
Deanne Maynard, Partner, Morrison & Foerster
Marc Pernick, Partner, Morrison & Foerster
Cassandra Swain, Associate, Morrison & Foerster
Morrison & Foerster LLP (Provider #2183) certifies that this activity has been approved for MCLE credit by the State of California and the State of New York in the amount of 1.5 hours.