Intellectual Property
Sep. 3, 2009
R.I.P Business Method Patents?
In the absence of the Supreme Court's decision it remains to be seen whether business method patents have really been dealt a knockout punch, write David S. Elkins and Thomas Kua.
Many commentators contend that the formation of the Court of Appeals for the Federal Circuit in 1982 ushered in a period of change that strengthened the rights of patent owners at the expense of innovation and consumers.
That tide appears to have ebbed over the past several years with increased Supreme Court scrutiny over patent issues in cases such as Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co.
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