Welcome to the Fenwick & West Bilski blog, focusing on the Supreme Court’s review of In re Bilski. Our objective is to identify and discuss key issues and strategies with people interested in the case, including parties who have submitted or are preparing amicus briefs.
The Federal Circuit’s decision in Bilski was a watershed event in the law of patentable subject matter. The Supreme Court’s review will be the first time in over 25 years that the Court has substantively addressed this area of law. As a result, the Court’s decision is going to impact a fundamental requirement of patent law—and hence ability of companies around the world to protect their technology. The Court’s decision will impact the value of existing patents, pending patent applications, and many pending patent litigations. The value of patent protection as an incentive for innovation, as a defensive measure, and as a risk management policy will change as well. Given the far-ranging consequences, many companies have filed amicus briefs in support of Mr. Bilski, or in support of neither party. Other companies are planning to file or looking to join in the amicus briefs supporting the Solicitor General.
We look forward to your participation on the Bilski Blog.