The Supreme Court’s June 28 decision in Bilski v Kappos saved the day for business methods, but has raised many questions as to how its principles will be applied in both prosecution and litigation going forward. Join LexisNexis and Managing IP on August 17 at 12:00pm EST to discuss what the ruling means for patent eligibility - specifically for inventions in the areas of biotechnology/ life sciences and financial services/ business methods - including strategies for success under the new standard.
The panel will include:
Eric Bensen, Author and Consultant
Laurie Axford, Partner, The Nath Law Group
Ankur Shah, Associate General Counsel, Freddie Mac
Managing IP, in association with Lexis Nexis, will host a web seminar on April 2 at 11 am EST, 8 am PST, examining the questions posed by the October 2008 US Federal Circuit decision in In re Bilski.
The webcast participants will include Duane R Valz of Yahoo!, Eric E Bensen of Hofstra University School of Law and David Heckadon of Gordon & Rees. The panellists will dissect what the new test means for the software industry, via in-depth analysis of some of the first USPTO Board of Patent Appeals and Interferences decisions to apply Bilski. They will also provide their assessments of the state of software patentability 6 months after the decision and consider alternative methods of protecting software.
In a case closely watched by the financial services, software, medical and other industries, the U.S. Supreme Court will review the In re Bilski ruling that denied a patent for a method of hedging in commodities trading. In re Bilski largely disavowed the controversial 1998 State Street Bank decision where the Federal Circuit opened a floodgate for business method patents. According to its detractors, State Street had led to the issuance of weak patents and exposed financial services companies to high-dollar litigation over business method patents. Now the future of business method patents and processes is at stake when the Supreme Court hears In re Bilski during its next term.
Join us as Raymond Millien of The PCT® Companies and Michael Lasinski of Capstone Valuation Services – both recently named to IAM’s inaugural list of the world’s top IP strategists – discuss how the In re Bilski decision has affected the IP marketplace, including:
- Case Background
- Summary of Recent Court Cases
- Speculations on how the Supreme Court will decide
- Effect on valuation of banks, hi-tech firms and start-ups
About the Speakers:
Raymond Millien is the Founder and Chairman of The PCT Companies – the nation’s only integrated provider of Intellectual Property-based public policy, strategic management and monetization advisory services. Prior to PCT, Mr. Millien was General Counsel of Ocean Tomo, and VP and Group IP Counsel at American Express Company.
Michael J. Lasinski is a Managing Director at Capstone Valuation Services, LLC. He has over fourteen years experience in business and intellectual property valuation, strategic due-diligence, and litigation consulting. Prior to Capstone, Mr. Lasinski was a Managing Director at Ocean Tomo, LLC and Vice President in Charles River Associates’ Intellectual Property practice.
Panellists in this web seminar will examine the Federal Circuit's judgment in Bilski and its implications for US patent owners and applicants. It will include analysis of the impact in industries including computer science, financial services and life sciences, as well as the historical trajectory and a breakdown of the machine-or-transformation test.
Charles Macedo, Amster Rothstein & Ebenstein;
Charles Kwalwasser, Barclays Capital;
Duane R Valz, Yahoo!;
Chris Holman, University of Missouri-Kansas City School of Law
In 1981, the U.S. Supreme Court last answered the question of "what is patentable" in Diamond v. Diehr during a time when the Internet, software, financial products and biotech industries were at a nascent IP stage. Jumping forward 28 years, the Supreme Court has now decided it is time to revisit that same question in In re Bilski to be heard in December of 2009. That decision is intended to clarify whether inventors can patent financial business products, software, Internet business processes, or biotech diagnostic processes.
This Webcast will discuss In re Bilski and whether the Supreme Court will pull back from its oft-quoted statement that "everything under the sun that is made by man" is patentable.
Michael Molano is Partner in the Silicon Valley office of Sheppard, Mullin, Richter & Hampton LLP, an international law firm with over 550 lawyers in the U.S. and Asia. He concentrates his practice in patent litigation, patent prosecution and transactional intellectual property matters. Mr. Molano received a B.S. in Electrical Engineering from Northwestern University and a J.D. from St. Louis University School of Law.