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U.S. Supreme Court issues decision in Bilski v. Kappos

June 28, 2010

This morning, the Supreme Court announced its much-anticipated opinion in Bilski v. Kappos, a case involving the patent-eligibility of process claims under 35 U.S.C. § 101. All nine justices voted to affirm the Federal Circuit’s holding that Bilski’s claimed method is not patent-eligible subject matter. Justice Kennedy delivered the opinion of the Court, which was joined in full by Chief Justice Roberts and by Justices Thomas and Alito, and which was joined in part by Justice Scalia. Both Justice Stevens and Justice Breyer authored opinions concurring in the judgment, with Justices Ginsburg, Breyer, and Sotomayor joining Justice Stevens, and with Justice Scalia joining Justice Breyer in part.

The full opinion may be accessed here.

Stay tuned for more from snippets on Bilski.