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Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec May 2012

Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.


The Elusive "Marketplace" In Post-Bilski Jurisprudence, Andrew Chin Jan 2012

The Elusive "Marketplace" In Post-Bilski Jurisprudence, Andrew Chin

Faculty Publications

The Supreme Court’s 2010 decision in Bilski v. Kappos appears to have provided inadequate guidance to the courts and the Patent Office regarding the scope of the abstract-ideas exclusion from patentable subject matter. Federal Circuit Chief Judge Randall R. Rader, however, appears to have found in that decision a clear vindication of his own view that the machine-or-transformation test is incorrectly grounded in “the age of iron and steel at a time of subatomic particles and terabytes,” and thus fails, for example, to accommodate advances in “software [that] transform[] our lives without physical anchors.” Chief Judge Rader has subsequently authored …