On December 1, Professor Eric E. Bensen participated in a roundtable discussion of In re Bilski, 2007-1130 (Fed. Cir. Oct. 30, 2008), the Federal Circuit’s landmark decision on the patent eligibility of processes, sponsored by the New York City Bar Patent Committee. Professor Bensen, who authored an amicus brief in Bilski on behalf of the Intellectual Property Owners Association that advocated essentially the same “machine-or-transformation” test to determine the patent eligibility of processes that was adopted by a 9-3 majority of en banc panel In re Bilski, provided an overview of the developments in the law leading up to the Bilski decision and an analysis of the Federal Circuit’s holding.
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