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BILSKI v. KAPPOS

No. 08-964.

BERNARD L. BILSKI AND RAND A. WARSAW, PETITIONERS, v. DAVID J. KAPPOS, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, PATENT AND TRADEMARK OFFICE.

Supreme Court of United States.

Decided June 28, 2010.

JUSTICE KENNEDY delivered the opinion of the Court, except as to Parts II-B-2 and II-C-2.*

The question in this case turns on whether a patent can be issued for a claimed invention designed for the business world. The patent application claims a procedure for instructing buyers and sellers how to protect against the risk of price fluctuations in a discrete section of the economy. Three arguments are advanced for the proposition that the...

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