logo

Against Monopoly

defending the right to innovate

Monopoly corrupts. Absolute monopoly corrupts absolutely.





Copyright Notice: We don't think much of copyright, so you can do what you want with the content on this blog. Of course we are hungry for publicity, so we would be pleased if you avoided plagiarism and gave us credit for what we have written. We encourage you not to impose copyright restrictions on your "derivative" works, but we won't try to stop you. For the legally or statist minded, you can consider yourself subject to a Creative Commons Attribution License.


back

Supreme Court Patent Case Analysis [Bilski]

The SCOTUSblog has its analysis regarding the crucial Bilski patent case that was hear before the Supreme Court today.

Read it here.

The good news: The impression seems to be that the Court is not prepared to let IP maximalists have their wish and be able to patent anything and everything under the sun.

The bad news: The Court still may decide rule on the case in a narrow fashion - refusing to inject the much needed broader reform that is so desperately needed.

PDF Transcript of the oral argument here.


Comments

Exactly as the administration requested. It's actually the worst case scenario, if they just ruled that all processes are patentable then we would at least end up with another shot at reform the next time someone patented whistling. Who is going to stand up for sanity if not the USSC?! The ONLY way this is ever going to get rectified is through a supreme court ruling. Congress has it's hand in the cookie jar, the press never addresses this issue because it's too busy with balloon boy sightings or celebrity rehab and the president's agenda is basically MMMMMMMMMMMM, IP GOOOOOD, MORE IP BETTERRRRRRR. Without a blanket dismissal of these ridiculous patents, were doomed to the existing litigious oligarchy.

sigh, Canada here I come...

Bilski has made such broad arguments that it's hard to take his claims seriously. Which makes me wonder whether, ultimately, Prometheus might actually have more impact on patent law. We shall see.
What is Prometheus? Another legal case that's being decided/appealed?

Submit Comment

Blog Post

Name:

Email (optional):

Your Humanity:

Prove you are human by retyping the anti-spam code.
For example if the code is unodosthreefour,
type 1234 in the textbox below.

Anti-spam Code
TwoSevenSixUno:


Post



   

Most Recent Comments

IP is not a joke Bill: Absolutely. Parody and satire are protected under fair use. Mad Magazine (among many

IP is not a joke Couldn't it be used under the fair use

Goldman does in AIG, you, and me Predatory Lending is a major contributor to the economic turmoil we are currently

Common Sense Seth - I'm not sure how your comment @ 5:57pm casts any illumination on your earlier position. If I

Lessig: Congress is broken and Obama has failed Anon, state granted monopolies are effectively licenses for corporations to collect taxes on

Lessig: Congress is broken and Obama has failed It does seem strange to me that when we are faced with the possibility of a 23 trillion dollar

The Patent, Copyright, Trademark, and Trade Secret Horror Files Fred, I recognise that 'natural monopoly' may have a more specialised meaning for economists, and

Lessig: Congress is broken and Obama has failed Fred, I'm doing something immediately. I'm working on the Contingency Market. this is something

The Patent, Copyright, Trademark, and Trade Secret Horror Files @Crosbie: I agree *natural monopolies* do exist, despite any tendency for SK and Bill Stepp to shut

Lessig: Congress is broken and Obama has failed I thank John Bennett for this post, and for the quality of his posts here in general. I've been