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June 28, 2010



The Bilski ruling is growing on me. Nevertheless, it's pretty easy to see that the issue of defining the limits of an "abstract idea" will likely be the focus of much patent litigation in the near future. I do rather wish that the Court had made more of an attempt to address this. Lacking guidance from above, lower courts will have to address the issue case-by-case, and we'll likely end up with some kind of piecemeal, undefined, "I know it when I see it" means of determining which inventions are too abstract. I wouldn't be surprised if the issue ends up going back up to the Supreme Court again very soon -- maybe in Prometheus or Classen.

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