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Intellectual Property

Jul. 2, 2010

Unanimous Indecision: Important Lessons From the Bilski Court

Bernard Bilski and Rand Warsaw are back to square one after 13 years of fighting for their business method patent for hedging risks in commodity trading, writes Allonn Levy of Hopkins & Carley.

By Allonn E. Levy

It was among the most closely watched cases of this Supreme Court's term. Then on the last possible day, it was finally issued: 13 years after Bernard Bilski and Rand Warsaw filed their patent application claiming a business method patent for hedging risks in commodity trading (patent application No. 08/833,892) the U.S. Supreme Court (aided by over 50 amicus curiae, volumes of briefs, and an entertaining oral argument) told B...

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