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Will Retiring U.S. Supreme Court Justice John Paul Stevens write the Upcoming Supreme Court Opinion in Bilski?

By Andis Kaulins

At the Patently-O Patent Law Blog in the posting Bilski Predictions: Justice Stevens there is reference to the blog Concurring Opinions in Where is Bilski? by Prof Gerard Magliocca and particularly a response thereto by Prof Joe Miller which suggests that retiring Justice John Paul Stevens will write the soon upcoming Bilski opinion.

We agree that this is a very likely possibility and that Stevens will finish his 35 years on the Court with a flourish in writing the majority opinion in this already famous case, accentuating the principles that he -- in our opinion -- correctly formulated in his dissent in Diamond v. Diehr, 450 U.S. 175 (1981), a case which came to the wrong conclusion in a muddled majority opinion written by Chief Justice Rehnquist, who was unable to distinguish known industrial processes and known formulas from the mere application of modern computer technology to their implementation.

Full post as published by LawPundit on May 15, 2010 (boomark / email).