SOTOMAYOR CONTEMPLATES SPEED DATING

Perhaps signaling that the clock may soon run out on pure ‘Business Method’ patents, several of the Supreme Court Justices, during oral arguments in Bilski and Warsaw v. Kappos last month, joked whether patents should be permitted for innovations such as methods of horse whispering, methods of speed dating, or a method of teaching antitrust law. Although the exchange took on an air of judicial levity, the underlying message seems to point towards a decision invalidating an entire segment of already issued patents. This type of exchange ratchets up the anticipation and angst already being felt by a patent and corporate world that anxiously awaits the determination of whether “Business Method” patents will be dumped or stay the current bell of the ball. For more on this click here