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Patent Issues Post-Bilski: Navigating the (Still) Uncertain Patent Waters

07/13/2010 08:15 AM-09:30 AM PDT
Cheryl Calderon
(650) 813-5746

Click here to access the recorded webcast

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.


  • Alexander Hadjis, Partner, Morrison & Foerster


  • 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.