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Intellectual Property Litigation: ‘Bilski’: Obtaining Business Method Patents Gets Harder
November 7, 2008 Full PDF
Litigation partner Lew Clayton's Intellectual Property Litigation column appears in the November 7 issue of the New York Law Journal. The article discusses the Federal Circuit's eagerly awaited en banc decision in In re Bilski, which clarified the standard used to determine patentable subject matter and affirmed the rejection of a business method patent application by the Board of Patent Appeals and Interferences. The opinion is likely to make it more difficult to obtain and defend business method patents. The column also discusses recent copyright and trademark cases. Litigation associate Darren Johnson assisted in the preparation of this article.