After a losing battle for Bernard Bilski and Rand Warsaw in the U.S. Court of Appeals for the Federal Circuit, the U.S. Supreme Court on Monday granted certiorari to hear their appeal. The crux of the appeal stems from whether Bilski's patent application, which seeks to patent a method of hedging risk in the field of commodities trading, is patent eligible subject matter under the Patent Act. On November 3, 2008 the U.S. Court of Appeals affirmed the United States Patent and Trademark Office, Board of Patent Appeals decision to deny the patent application. Bilski takes its place among the growing list of major decisions from the Supreme Court and Federal Circuit since 2006 that have significantly reshaped patent law.
Viewable appellate documents include: