Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Bilski v. Kappos

Docket No. Op. Below Argument Opinion Vote Author Term
08-964 Fed. Cir. Nov 9, 2009
Tr.
Jun 28, 2010 9-0 Kennedy OT 2009

Holding: The Court held that the invention, in this case, could not be patented. More broadly, however, the Court held that business methods can be patented, even if does not pass the "machine or transformation" test.

Judgment: Affirmed, 9-0, in an opinion by Justice Anthony Kennedy on June 28, 2010. Justice Stevens filed an opinion concurring in the judgment, joined by Justices Ginsburg, Breyer, and Sotomayor. Justice Breyer filed an opinion concurring in the judgment, in which Justice Scalia joined as to Part II.

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