Podcast On Business Method Patents after the Supreme Court’s Decision in Bilski v. Kappos
Atlanta, August 12, 2011– Attorney Jeffrey R. Kuester of Atlanta law firm Taylor English Duma LLP discusses legal ramifications of Supreme Court case Bilski v. Kappos in a podcast posted on LexisNexis.com. In 2010, the Supreme Court in Bilski v. Kappos held that the “machine-or-transformation” test is not the sole test for determining patent eligibility of a process, but "a useful and important clue, an investigative tool, for determining whether some claimed inventions are processes." Mr. Kuester, who represented inventors Bernie Bilski and Rand Warsaw in their individual capacities during the Supreme Court case, discusses the lasting impact of the case in an interview with the intellectual property law community at LexisNexis.com. “The decision has had a substantial influence in courtrooms and in Congress,” Mr. Kuester says. “For example, the RCT v. Microsoft decision by the Court of Appeals for the Federal Circuit outlines additional breathing-room outside the machine-or-transformation test set forth in the Bilski decision.“ Congress, Mr. Kuester points out, is at work to categorically exclude patents on tax reduction business methods and institute a new procedure at the Patent Office to challenge the validity of business method patents covering financial products and services. “Nevertheless,” he asserts, “patent eligibility for other types of business methods and software remains solid. Mr. Kuester leads the patent practice for Taylor English’s Intellectual Property group and is a member of The State Bar of Georgia’s Board of Governors. Mr. Kuester is ranked as one of the 2011 Top 100 Lawyers in Georgia. Listen to the podcast.