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You say "the patent bar is usally quite good at rebutting" and give a link to someone making unsubstantiated claims that the Supreme Court doesn't know what it'
by brlewis 16y ago
You say "the patent bar is usally quite good at rebutting" and give a link to someone making unsubstantiated claims that the Supreme Court doesn't know what it's talking about.
Engineer, lawyer, whoever you are, a logical argument traces evidence from A to Z, such that another logical thinker, even from another field, can follow the argument with sufficient effort and study. Though I am not a lawyer, I do not see this blog post as an effective, logical rebuttal to the Supreme Court. I see no compelling reason to side with those who choose to ignore Supreme Court precedent.
I haven't read Bilski in its entirety, but on the very first page of the syllabus I read them slamming down the State Street decision and reaffirming Benson, Flook and Diehr. If software patents will not be subject to any categorical challenge for years to come, I think it will be in spite of Bilski, not because of it. I'd be interested in any detailed arguments to the contrary.