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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 . . .
Yesterday, the Federal Circuit reminded us of another reason why method claims can be so valuable. In Crown Packaging Technology, Inc. v. Rexam Beverage Can Co., No. 08-1284 (Fed. Cir. Mar. 17. 2009), the court held, among other things, that a method claim does not require markings to enforce the patent in litigation.
You may have heard rumors that business method patents are dead, but their death is greatly exaggerated. Like all good rumors, however, there is an element of truth. A recent case, called “In re Bilski”, commonly called “Bilski”, does have an impact on business method and software patents.