Last year, Axios’s managing partner, Adam Philipp, cautioned that Bilski hardly spelled the demise of software patents. And now I’m predicting that the Supreme Court is about to overturn Bilski and rule conclusively that software is quite patentable in the process. Allow me to explain . . .
Over at the 271 Patent Blog, Peter Zura summarizes Every Penny Counts, Inc. v. Bank of America Corp., 2-07-cv-00042 (M.D. Fla. May 27, 2009, Order) (Magnuson, J.). In this case, the district court holds that, under Bilski, the claimed system is not patentable subject matter under § 101.
In Every Penny Counts, the district court uses Bilski as Judge Newman predicted in her Bilski dissent: “each trial court… will have a blank slate on which to uphold or invalidate claims based on whether there are sufficient ‘meaningful limits'” imposed on the claim by the use of a particular machine.