Eventually we are going to have a decision from the Supreme Court in Bilski v. Kappos, or we will know that the case will be held over until the next term of the Court, which beings in October 2010. The current Supreme Court term comes to an end on June 28, 2010, so something will soon happen worth discussing.
From the shameless commerce division, with at least a dose of self promotion, I can announce that PLI has selected Hot Topic Briefing dates for a Bilski v. Kappos audio briefing, which comes with CLE credit. Registration will not be open until we have a decision date, but the dates have been selected, with all faculty clear to participate. The dates are:
- If decision on Monday June 21, PLI program on June 23, 2010 from 1pm to 2:30pm
- If decision on Thursday, June 24, PLI program on June 28, 2010 from 1pm to 2:30pm
- If decision on Monday, June 28, 2010, PLI prgram on June 30, 2010 or July 1, 2010 (to be announced) from 1pm to 2:30pm
In the unlikely but possible event that there is no decision reached by the Supreme Court IPWatchdog.com will hold an audio discussion, perhaps for distribution via podcast (TBA). Unfortunately, no CLE credit will be available for the IPWatchdog.com briefing should the case be held over until next term.
Obviously, if there is no decision from the Supreme Court the IPWatchdog.com program will be quite different. We will indulge in speculation, but also provide our best advice on what can and should be done with applications that need to be filed or are pending with Bilski-like subject matter. We will also provide our best advice on how litigations and appeals will be impacted and what, if anything plaintiffs and defendants can and should do.
Working with the assumption that we will have a decision on or before June 28, 2010, what follows is the PLI program description.
Bilski v. Kappos: The Supreme Court Rules on Patentable Subject Matter
The long-awaited decision of Bilski v. Kappos has finally been handed down by the U.S. Supreme Court. This important decision significantly impacts anyone with an interest in whether business method, software, e-commerce and/or medical diagnostic technology is patentable. With many of the Justices likely to be on the bench for years to come the Bilski decision gives us important clues about what to expect as innovation continues to push the envelope and evolve. With biotechnology advances and communication technologies never before imagined possible the fundamental question of what is patentable subject matter is likely to increase in importance, and Bilski will likely be the first of many difficult questions facing the courts in the years to come.
Please plan to join Scott M. Alter of Faegre & Benson LLP and Douglas R. Nemec of Skadden, Arps, Slate, Meagher & Flom LLP, co-chairs of PLI’s 4th Annual Patent Law Institute, Gene Quinn, patent attorney blogger and a principal lecturer in the PLI Patent Bar Review course and John M. White, PLI’s Director of Patent Professional Development as they discuss the implications of this ground-breaking decision, and what it may mean for your practice or your company.
Topics to be addressed include:
* What does the decision mean? What is left unanswered?
* Application drafting strategies to satisfy the Supreme Court’s test
* Prosecution strategies for pending applications
* Patentee litigation tips for surviving 101 challenges
* Defendant litigation tips for challenging patents under the Supreme Court’s test
So save the dates for now, and check back to IPWatchdog.com for continuing coverage of Bilski v. Kappos. The plan is to post something immediately upon the decision being handed down, which will be followed up by additional information and commentary throughout decision day and the days that follow.
Anyone interested in writing an op-ed style article about Bilski v. Kappos please send me a message using this contact form. We would love to publish any and all original contributions, hopefully with a variety of perspectives.