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Patent Law

: Patent Docs

Bilski and Aventis Petition for Certiorari from the Supreme Court

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

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By Kevin E. Noonan -- The Supreme Court was petitioned today to grant certiorari in two cases important to biotechnology patenting: In re Bilski, involving the standard for determining that method claims are patentable subject matter; and Aventis Pharma S.A. v. Amphastar Pharmaceuticals, regarding the standard for finding inequitable conduct. And in each case, dissents by Judge Rader are an important part of petitioner's arguments.There were two questions presented by petitioners in the Bilski petition: Whether the Federal Circuit erred by holding that a "process" must be tied to a particular machine or apparatus, or transform a particular article into...

Full post as published by Patent Docs on January 30, 2009 (boomark / email).

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