Ten Years From State Street to Bilski – And No End in Sight

On June 28, the U.S. Supreme Court issued its eagerly awaited opinion in Bilski v. Kappos, 561 U.S. __ (2010). After 80 amicus briefs and an en banc hearing before the Federal Circuit in the matter, it was expected that the Court would settle the question of whether business methods can be patented and, if so, what criteria would govern patentability. The Court answered the first question affirmatively but failed to answer the second question. But perhaps the most significant aspect of the Court’s opinion is what it had to say, directly and implicitly, about the Court of Appeals for the Federal Circuit.

This Alert examines the Supreme Court’s decision in Bilski v. Kappos.