http://www.concurringopinions.com/archives/2009/06/odds-and-ends.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.concurringopinions.com/archives/2009/06/odds-and-ends.html/comment-page-1#comment-63997 James Grimmelmann Tue, 02 Jun 2009 03:51:13 +0000 http://www.concurringopinions.com/?p=16722#comment-63997 Bilski is unimportant. Patent drafters have proven their ability to sculpt their claims around every subject matter doctrine the courts come up with. The only thing that throws them is changes in the standard. After this next change, they'll revert to a steady-state, as usual. The cases that deal with substantive issues of patentability and enforcement matter a lot more. KSR and MercExchange are both easily more important than Bilski will be -- whatever the Supreme Court holds. Bilski is unimportant. Patent drafters have proven their ability to sculpt their claims around every subject matter doctrine the courts come up with. The only thing that throws them is changes in the standard. After this next change, they’ll revert to a steady-state, as usual. The cases that deal with substantive issues of patentability and enforcement matter a lot more. KSR and MercExchange are both easily more important than Bilski will be — whatever the Supreme Court holds.

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