In re Bilski: Business Method Patents Resolved? Not Likely

By David L. Applegate

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The day before Halloween 2008, the Court of Appeals for the Federal Circuit released a much-anticipated en banc decision in the case of In re Bernard L. Bilski and Rand Warsaw, but it was difficult to tell whether it was a trick or a treat.  In this article, David L. Applegate, chair of the firm's Intellectual Property practice group, discusses the Bilski opinion in detail and analyzes its application to disputes involving business method patents.