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ARTICLE · 11 AUGUST 2010

Intellectual Property - 2010 Summer Bulletin

Fenwick
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A unanimous decision is not always what it seems. On June 28, the U.S. Supreme Court upheld without dissent the U.S. Court of Appeals for the Federal Circuit’s ruling that a patent application for hedging against price changes was not patentable.

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Contents

  • Business Methods Dodge a Bullet – Method Patents Survive for Now
  • Protection or Preemption? The Ninth Circuit Rules on California Contract Law Claims
  • Quick Updates
  • Substantial Consequences for Discovery Failures in a Trade Secrets Case
  • Miller v. Facebook, Inc.: Copyright Infringement Claim Dismissed
  • Web-Based Specimens of Use for Goods Must Be More Than Mere Advertising
  • Changing Standards in Transferring Cases out of the Eastern District of Texas

Business Methods Dodge a Bullet–Method Patents Survive for Now
By Stuart P. Meyer

A unanimous decision is not always what it seems. On June 28, the U.S. Supreme Court upheld without dissent the U.S. Court of Appeals for the Federal Circuit's ruling that a patent application for hedging against price changes was not patentable. Bilski v. Kappos, No. 08-964, 2010 U.S. LEXIS 5521 (2010). This high-level description of the Bilski decision is accurate, but belies the true import of the case and

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