Decided

No. 08-964

Bernard L. Bilski and Rand A. Warsaw v. David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office

from the United States Court of Appeals for the Federal Circuit

See other cases from the Federal Circuit.

Docket Entries

Record returned to U.S.C.A. for Federal Circuit.

JUDGMENT ISSUED.

Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, except for Parts II-B-2 and II-C-2. Roberts, C. J., and Thomas and Alito, JJ., joined the opinion in full, and Scalia, J., joined except for Parts II-B-2 and II-C-2. Stevens,... (orders list)

Argued. For petitioners: J. Michael Jakes, Washington, D.C. For respondent: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D.C.

Reply of petitioners Bernard L. Bilski and Rand A. Warsaw filed. (Distributed)

Brief amicus curiae of Bloomberg L.P. filed. (Distributed)

Brief amici curiae of Foundation for a Free Information Infrastructure, et al. filed. (Distributed)

Brief amici curiae of Computer and Communications Industry Association filed. (Distributed)

Brief amici curiae of American Medical Association, et al. filed. (Distributed)

Brief amici curiae of American Insurance Association, et al. filed. (Distributed)

Brief amici curiae of Entrepreneurial and Consumer Advocates filed. (Distributed)

Brief amicus curiae of American Bar Association filed. (Distributed)

Brief amici curiae of Bank of America Corporation, et al. filed. (Distributed)

Brief amicus curiae of William Mitchell College of Law Intellectual Property Institute filed. (Distributed)

Brief amici curiae of Adamas Pharmaceuticals, Inc., and Tethys Bioscience, Inc. filed. (Distributed)

Brief amicus curiae of Software & Information Industry Association filed. (Distributed)

Brief amici curiae of Microsoft Corporation, et al. filed. (Distributed)

Brief amici curiae of Eleven Law Professors filed. (Distributed)

Brief amicus curiae of Software Freedom Law Center filed. (Distributed)

Brief amici curiae of Professors Peter S. Menell and Michael J. Meurer filed. (Distributed)

Brief amici curiae of Bank of America Corporation, et al. filed. (Distributed)

Brief amicus curiae of Mark Landesmann filed. (Distributed)

Brief amicus curiae of Free Software Foundation filed. (Distributed)

Brief amicus curiae of Knowledge Ecology International filed. (Distributed)

Brief amicus curiae of Red Hat, Inc. filed. (Distributed)

Brief amici curiae of Internet Retailers filed. (Distributed)

Brief amici curiae of Center for Advanced Study and Research in Intellectual Property, et al. filed. (Distributed)

Brief amicus curiae of Intellectual Property Section of the Nevada State Bar filed. (Distributed)

Brief of respondent David J. Kappos, Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office filed. (Distributed)

Brief amici curiae of Profesor Lee A. Hollaar, and IEEE-USA filed. (Distributed)

CIRCULATED.

Record received from U.S.C.A. for Federal Circuit. (1 Box)

SET FOR ARGUMENT ON Monday, November 9, 2009

Brief amicus curiae of Novartis Corporation filed.

Brief amici curiae of Entrepreneurial Software Companies in support of neither party filed.

Brief amicus curiae of Yahoo! Inc. in support of neither party filed.

Brief amicus curiae of Austin Intellectual Property Law Association in support of neither party filed.

Brief amici curiae of Biotechnology Industry Organization, et al. in support of neither party filed.

Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.

Brief amicus curiae of International Business Machines Corporation in support of neither party filed.

Brief amicus curiae of Pharmaceutical Research and Manufacturers of America in support of neither party filed.

Brief amicus curiae of Prometheus Laboratories Inc. in support of neither party filed.

Brief amicus curiae of Business Software Alliance in support of affirmance filed.

Brief amici curiae of 20 Law and Business Professors in support of neither party filed.

Brief amicus curiae of Federal Circuit Bar Association in support of neither party filed.

Brief amicus curiae of San Diego Intellectual Property Law Association in support of neither party filed.

Brief amicus curiae of Teles AG in support of neither party filed.

Brief amicus curiae of Medtronic, Inc. in support of neither party filed.

Brief amici curiae of Robert R. Sachs and Daniel R. Brownstone in support of neither party filed.

Brief amicus curiae of Legal OnRamp in support of neither party filed.

Brief amici curiae of Regulatory Datacorp., et al. in support of neither party filed.

Brief amicus curiae of University of South Florida filed.

Brief amicus curiae of AwakenIP, LLC filed.

Brief amici curiae of Double Rock Corporation, et al. filed.

Brief amicus curiae of Eagle Forum Education and Legal Defense filed.

Brief amicus curiae of John Sutton filed.

Brief amicus curiae of Federation Internationale Des Conseils En Propriete Industrielle in support of neither party filed.

Brief amicus curiae of Borland Software Corporation filed.

Brief amicus curiae of Houston Intellectual Property Law Association filed.

Brief amicus curiae of Franklin Pierce Law Center filed.

Brief amicus curiae of Law Professor Kevin Emerson Collins in support of neither party filed.

Brief amicus curiae of Dr. Ananda Chakrabarty filed.

Brief amici curiae of Dolby Laboratories, Inc., et al. in support of neither party filed.

Brief amicus curiae of Washington State Patent Law Association filed.

Brief amicus curiae of Georgia Biomedical Partnership, Inc. filed.

Brief amicus curiae of Raymond C. Meiers in support of neither party filed.

Brief amici curiae of Monogram Biosciences, Inc., et al in support of neither party filed.

Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.

Brief amici curiae of Accenture and Pitney Bowes Inc. filed.

Brief amici curiae of Association Internationale Pour la Protection de la Propriete Intellectuelle, et al. filed.

Brief amicus curiae of Caris Diagnostics, Inc. filed.

Brief amicus curiae of Intellectual Property Law Association of Chicago in support of neither party filed.

Brief amicus curiae of Boston Patent Law Association filed.

Brief amicus curiae of On Time Systems, Inc., in support of neither party filed.

Brief amicus curiae of Conejo Valley Bar Association in support of neither party filed.

Brief of petitioners Bernard L. Bilski and Rand A. Warsaw filed.

Joint appendix filed. (Statement of costs received)

Brief amicus curiae of Telecommunications Systems, Inc. in support of neither party filed.

Brief amici curiae of Gary W. Odom and Jordan M. Kuhn in support of neither party filed.

Brief amicus curiae of Timothy F. McDonough, Ph.D. filed.

Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondent.

The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including July 30, 2009.

The time within which to file respondent's brief on the merits is extended to and including September 25, 2009.

Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the petitioners

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of May 28, 2009.

Reply of petitioners Bernard L. Bilski and Rand A. Warsaw filed.

Brief of respondent John J. Doll, Acting Under Secretary of Commerce for Intellectual Property and Acting Director, Patent and Trademark Office in opposition filed.

Order further extending time to file response to petition to and including May 1, 2009.

Brief amicus curiae of Anne E. Barschall filed.

Brief amici curiae of Accenture and Pitney Bowes Inc. filed.

Brief amicus curiae of American Intellectual Property Law Association filed.

Brief amicus curiae of Borland Software Corporation filed.

Brief amicus curiae of Koninklijke Philips Electronics N.V. filed.

Brief amicus curiae of Boston Patent Law Association filed.

Brief amicus curiae of Franklin Pierce Law Center filed.

Brief amicus curiae of Medistem, Inc. filed.

Order extending time to file response to petition to and including April 1, 2009.

Brief amicus curiae of John P. Sutton filed.

Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the petitioners.

Petition for a writ of certiorari filed. (Response due March 2, 2009)

Parties

Bernard L. Bilski and Rand A. Warsaw, Petitioner, represented by J. Michael Jakes

David J. Kappos, Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office, Respondent, represented by Elena Kagan

David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office, Respondent, represented by Malcolm L. Stewart

John J. Doll, Acting Under Secretary of Commerce for Intellectual Property and Acting Director, Patent and Trademark Office, Respondent, represented by Elena Kagan

Amici Curiae

20 Law and Business Professors in support of neither party, Amicus Curiae, represented by Mark A. Lemley

Accenture and Pitney Bowes Inc., Amicus Curiae, represented by Meredith Martin Addy

Adamas Pharmaceuticals, Inc., and Tethys Bioscience, Inc., Amicus Curiae, represented by Karen I. Boyd

American Bar Association, Amicus Curiae, represented by Carolyn B. Lamm

American Insurance Association, et al., Amicus Curiae, represented by James R. Myers

American Intellectual Property Law Association, Amicus Curiae, represented by William K. West Jr.

American Medical Association, et al., Amicus Curiae, represented by Katherine J. Strandburg

Anne E. Barschall, Amicus Curiae, represented by Anne E. Barschall

Association Internationale Pour la Protection de la Propriete Intellectuelle, et al., Amicus Curiae, represented by R. Mark Halligan

Austin Intellectual Property Law Association in support of neither party, Amicus Curiae, represented by Jennifer Claire Kuhn

AwakenIP, LLC, Amicus Curiae, represented by Joel H. Thornton

Bank of America Corporation, et al., Amicus Curiae, represented by Seth P. Waxman

Bank of America Corporation, et al. , Amicus Curiae, represented by Seth P. Waxman

Biotechnology Industry Organization, et al. in support of neither party, Amicus Curiae, represented by Edward Anthony Figg

Bloomberg L.P., Amicus Curiae, represented by Kelsey I. Nix

Borland Software Corporation, Amicus Curiae, represented by Scott S. Kokka

Boston Patent Law Association, Amicus Curiae, represented by Joel R. Leeman

Business Software Alliance, Amicus Curiae, represented by Andrew J. Pincus

Caris Diagnostics, Inc., Amicus Curiae, represented by Gideon A. Schor

Center for Advanced Study and Research in Intellectual Property, et al., Amicus Curiae, represented by Richard H Stern

Computer and Communications Industry Association, Amicus Curiae, represented by Glenn B. Manishin

Conejo Valley Bar Association, Amicus Curiae, represented by Steven C. Sereboff

Dolby Laboratories, Inc., et al. in support of neither party, Amicus Curiae, represented by John L. Cooper

Double Rock Corporation, et al., Amicus Curiae, represented by Charles R. Macedo

Dr.Ananda Chakrabarty, Amicus Curiae, represented by F. Scott Kieff

Eagle Forum Education and Legal Defense, Amicus Curiae, represented by Andrew L. Schlafly

Eleven Law Professors, Amicus Curiae, represented by Joshua D. Sarnoff

Entrepreneurial and Consumer Advocates, Amicus Curiae, represented by Jason M. Schultz

Entrepreneurial Software Companies in support of neither party, Amicus Curiae, represented by Robert Greene Sterne

Federal Circuit Bar Association in support of neither party, Amicus Curiae, represented by James F. McKeown

Federation International Des Conseils En Propriete Industrielle in support of neither party, Amicus Curiae, represented by Maxim H. Waldbaum

Foundation for a Free Information Infrastructure, et al., Amicus Curiae, represented by Allonn E. Levy

Franklin Pierce Law Center, Amicus Curiae, represented by Thomas G. Field Jr.

Franklin Pierce Law Center, Amicus Curiae, represented by Ann Marie McCrackin

Free Software Foundation, Amicus Curiae, represented by Jerry Cohen

Gary W. Odom and Jordan M. Kuhn, Amicus Curiae, represented by Johnathan E. Mansfield

Georgia Biomedical Partnership, Inc., Amicus Curiae, represented by William H. Kitchens

Houston Intellectual Property Law Association, Amicus Curiae, represented by Howard Lyman Speight

Intellectual Property Law Association of Chicago in support of neither party, Amicus Curiae, represented by Edward D. Manzo

Intellectual Property Owners Association in support of neither party, Amicus Curiae, represented by George L. Graff

Intellectual Property Section of the Nevada State Bar, Amicus Curiae, represented by Robert C. Ryan

International Business Machines Corporation in support of neithr party, Amicus Curiae, represented by Catherine E. Stetson

Internet Retailers, Amicus Curiae, represented by Peter J. Brann

John P. Sutton, Amicus Curiae, represented by John P. Sutton

John Sutton, Amicus Curiae, represented by John P Sutton

Knowledge Ecology International, Amicus Curiae, represented by Michael H. Davis

Koninklijke Philips Electronics N.V., Amicus Curiae, represented by Jack E. Haken

Law Professor Kevin Emerson Collins in support of neither party, Amicus Curiae, represented by Kevin Emerson Collins

Legal OnRamp in support of neither party, Amicus Curiae, represented by Catriona M. Collins

Mark Landesmann, Amicus Curiae, represented by Shaun R. Snader

Medistem, Inc., Amicus Curiae, represented by Robert Allison Matthews Jr.

Medtronic, Inc. in support of neither party, Amicus Curiae, represented by Lawrence M. Sung

Microsoft Corporation, et al., Amicus Curiae, represented by Mark Andrew Perry

Microsoft Corporation, et al., Amicus Curiae, represented by Mark A. Perry

Monogram Biosciences, Inc., et al in support of neither party, Amicus Curiae, represented by Narinder S. Banait

Novartis Corporation, Amicus Curiae, represented by Jeffrey A. Lamken

On Time Systems, Inc., in support of neither party, Amicus Curiae, represented by Stuart Philip Meyer

Pharmaceutical Research and Manufacturers of America in support of neither party, Amicus Curiae, represented by Harry J. Roper

Profesor Lee A. Hollaar, and IEEE-USA, Amicus Curiae, represented by David M. Bennion

Professors Peter S. Menell and Michael J. Meurer, Amicus Curiae, represented by Peter S. Menell

Prometheus Laboratories Inc. in support of neither party, Amicus Curiae, represented by Richard P. Bress

Raymond C. Meiers in support of neither party, Amicus Curiae, represented by Gregg William Emch

Red Hat, Inc., Amicus Curiae, represented by Robert H. Tiller

Regulatory Datacorp., et al. in support of neither party, Amicus Curiae, represented by John F. Duffy

Robert R. Sachs and Daniel R. Brownstone in support of neither party, Amicus Curiae, represented by Robert R. Sachs

San Diego Intellectual Property Law Association, Amicus Curiae, represented by Robert C. Laurenson

Software Freedom Law Center, Amicus Curiae, represented by Eben Moglen

Software & Infomation Industry Association, Amicus Curiae, represented by Scott E. Bain

Telecommunications Systems, Inc. in support of neither party, Amicus Curiae, represented by Robert P. Greenspoon

Teles AG in support of neither party, Amicus Curiae, represented by Thomas S. Biemer

Timothy F. McDonough, Ph.D., Amicus Curiae, represented by William Morris Lamoreaux

University of South Florida, Amicus Curiae, represented by Jeff Lloyd

Washington State Patent Law Association, Amicus Curiae, represented by Peter J. Knudsen

William Mitchell College of Law Intellectual Property Institute, Amicus Curiae, represented by R. Carl Moy

Yahoo. Inc. in support of neither party, Amicus Curiae, represented by Christopher J. Wright

 
Last updated: October 26, 2010