Bernard Bilski and Rand Warsaw filed a patent application with the U. S. Patent and Trademark Office (PTO). The application sought patent protection for a claimed invention that explains how buyers and sellers of commodities in the energy market can hedge against the risk of price changes. The key claims are claims 1 and 4. Claim 1 describes a series of steps instructing how to hedge risk. Claim 4 puts the concept articulated in claim 1 into a simple mathematical formula. The remaining claims describe how claims 1 and 4 can be applied to allow energy suppliers and consumers to minimize the risks resulting from fluctuations in market demand for energy. The PTO rejected the patent application, holding that it merely manipulates an abstract idea and solves a purely mathematical problem. Bilski and Warsaw brought their case to the U. S. Supreme Court, arguing that their claimed invention deserved a patent. Is the claimed invention patentable? Bilski v. Kappos, Director, Patent and Trademark Office, 561 U. S. 593, 130 S. Ct. 3218, 2010 U. S. Lexis 5521 ( Supreme Court of the United States, 2010)
Answer to relevant QuestionsZura Kazhiloti sold jewelry bearing the luxury brand names “Cartier” and “Van Cleef & Arpels” to jewelry stores. The retailers then sold the jewelry through their brick and mortar stores, through websites, and ...Intel Corporation is a large company that distributes its en-tire line of products and services under the registered trademark and service mark INTEL. The company also owns numerous marks that incorporate its INTEL marks as ...The police of the city of Indianapolis, Indiana, began to operate vehicle roadblock checkpoints on Indianapolis roads in an effort to interdict unlawful drugs. Once a car had been stopped, police questioned the driver and ...Loren Vranich, a doctor practicing under the corporate name Family Health Care, P. C., entered into a written employment contract to hire Dennis Winkel. The contract provided for an annual salary, insurance benefits, and ...Harun Fountain, a minor, was shot in the back of the head at point blank range by a playmate. Fountain required extensive lifesaving medical services from a variety of medical service providers, including Yale Diagnostic ...
Post your question