Bilski v. Kappos - Post-Decision SCOTUScast

SCOTUScast 06-30-2010 featuring Richard A . Epstein

June 30, 2010

Richard A. Epstein

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  Bilski v. Kappos - Post-Decision SCOTUScast - MP3
Running Time: 00:11:27

Richard EpsteinOn June 28, 2010, the Supreme Court announced its decision in Bilski v. Kappos. The question in this case was whether a "process" must be tied to a particular machine or apparatus or transform a particular article into a different state or thing in order to be eligible for patenting under 35 U.S.C. § 101.

In an opinion delivered by Justice Kennedy, the Court held that although business methods are not categorically unpatentable, the particular patent at issue in this case was an unpatentable "abstract idea" precluded from patentability by the Court’s precedents.

To discuss the case, we have University of Chicago Law School and New York University Law School Professor Richard A. Epstein, who signed an amicus brief in support of the petitioner.

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Related Links

Opinion - June 28, 2010 (PDF)
Oral Argument Transcript - November 9, 2009 (PDF)
Bilski v. Kappos – Post-Argument SCOTUScast
Bilski v. Doll - Cert Granted SCOTUScast
In re Bilski: Business Method Patents Transformed?
In re Bilski: Letter to the Editor and Response