The Biliski case has almost 70 amicus briefs, over 20 of which are neither supporting plaintiff nor defendant. I’m working my way through them. This post will grow accordingly.
PDF:Brief for Timothy F. McDonough, Ph.D. in Support of Petitioner
Ok, this is going to go on too long for this format. Back to vim to take my notes. Look for more later.
McDounough’s main point seems to be that 2/3 of the economy is service so limiting patent to tangibles fails to serve economy. I don’t think that is at all compelling. What’s the basis for distinguishing patent from copyright from trademark in the first place? And while 2/3 might be service, that remaining 1/3 is of a different type. Look at the IT industry. What of value in that industry is services (programming, customer support, &c), what percent intangible “property” (software), what percent hardware (cpu, motherboard, &c). Stipulating the vast majority is in the non-physical, so what? The non-physical does not exist, cannot exist, without the physical. Arguably, patents can/should be the subject of enabling technology, not the actions enabled thereby. Can’t eat a handshake, and there may be legitimate reasons to tie the patent monopoly to tangibles.
PDF Brief for Borland Software Corporation in Support of Petitioner
55 pages, just looking at the summary for now. Same plea about economic impact. Nice statement of why “or” is dis- rather than conjunctive. Same avoidance of legitimate differences between things that enable and actions enabled thereby.
PDF: # Brief for the Franklin Pierce Law Center in Support of Petitioner
Nice header.
Since the Court has last taken up the issue of patent eligible subject matter under 35 U.S.C. ยง 101, two industries the Court weighed in on, biotechnology and software, have been high growth areas in the U.S. market. The United States remains at the forefront of these fields due, at least in part, to these broad intellectual property rights confirmed by this Court.
The relationship between the Court’s ruling and the rise of these industries is not, at this point, established, but instead presumed.
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