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Against Monopoly

defending the right to innovate

Monopoly corrupts. Absolute monopoly corrupts absolutely.





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Supreme Court Patent Case Analysis [Bilski]

The SCOTUSblog has its analysis regarding the crucial Bilski patent case that was hear before the Supreme Court today.

Read it here.

The good news: The impression seems to be that the Court is not prepared to let IP maximalists have their wish and be able to patent anything and everything under the sun.

The bad news: The Court still may decide rule on the case in a narrow fashion - refusing to inject the much needed broader reform that is so desperately needed.

PDF Transcript of the oral argument here.


Comments

Exactly as the administration requested. It's actually the worst case scenario, if they just ruled that all processes are patentable then we would at least end up with another shot at reform the next time someone patented whistling. Who is going to stand up for sanity if not the USSC?! The ONLY way this is ever going to get rectified is through a supreme court ruling. Congress has it's hand in the cookie jar, the press never addresses this issue because it's too busy with balloon boy sightings or celebrity rehab and the president's agenda is basically MMMMMMMMMMMM, IP GOOOOOD, MORE IP BETTERRRRRRR. Without a blanket dismissal of these ridiculous patents, were doomed to the existing litigious oligarchy.

sigh, Canada here I come...

Bilski has made such broad arguments that it's hard to take his claims seriously. Which makes me wonder whether, ultimately, Prometheus might actually have more impact on patent law. We shall see.
What is Prometheus? Another legal case that's being decided/appealed?

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