In the closely-watched case of Bilski v. Kappos, No. 08-964, the future of “business method” patents was widely believed to be at stake. However, the Court’s opinion, issued June 28, 2010, and written by Justice Kennedy, unanimously determined that the claimed invention in the Bilski patent was not patentable because the claims were merely abstract ideas, not because the claims covered a business method. The Court also unanimously concluded that the Federal Circuit’s “machine-or-transformation test” is not the exclusive test for determining whether a “process” is patentable under § 101 of the Patent Act.
As Justices Kennedy and Scalia did not join in the section of the opinion that indicates that there may be some scope for business method patents for inventions of the “Information Age,” as opposed to inventions of the “Industrial Age,” or in the part indicating that the Federal Circuit could develop a limitation that certain business methods could never be patented, those portions of the opinion are only supported by three justices. In a concurring opinion written by Justice Stevens, four justices firmly concluded that business method patents are not patentable subject matter. So the scope of the patentability of business methods remains undecided.
The Bilski patent application claimed a procedure teaching buyers and sellers how to protect (“hedge”) against price fluctuations in the energy market. Claim 1 described a series of steps on how to hedge risks in general. Claim 4 translated those steps into a mathematical formula. The other claims taught how Claims 1 and 4 could be used to allow energy suppliers and consumers to minimize their risks resulting from fluctuations in the market demand for energy. These included the use of familiar statistical approaches for calculating the inputs for the formula of Claim 4 and techniques for determining how much a seller would gain from analyzing historical weather patterns.
by James A. Chatz, Partner and Marc S. Zaslavsky, Associate As Dr. Seuss once famously wrote (Marvin K. Mooney, Will You Please Go Now), “THE TIME HAS COME, THE TIME IS NOW”. Good faith efforts to bargain with Chapter 9 of the Bankruptcy Code in the foreground must begin now if we want to emerge [...]
West Palm Beach Partner Scott Frank, a member of Arnstein & Lehr’s Real Estate Practice Group, was quoted in a June 11 article in the South Florida Business Journal that discussed the commercial mortgage market in south Miami. The article discussed Shops at Sunset Place in South Miami and the property’s owners’ efforts to refinance. [...]
In this article from Law 360, Bankruptcy & Creditors’ Rights Partner James A. Chatz and Associate Marc S. Zaslavsky discuss Chapter 9 as a way to solve the pension shortfall crisis. How Chapter 9 Can Solve the Pension Shortfall Crisis
Chicago Partner Robert E. McKenzie gave a presentation on IRS representation issues at the Golden Gate Society of Enrolled Agents in Burlingame, California on June 14 & 15. His topics included Representation of IRS Collection Matters, Collection Mitigation Techniques and Audit Reconsideration. On June 10 Mr. McKenzie gave a national teleseminars presentation for the American [...]
Chicago Partner Samuel Levine will be presenting a Webinar on Wednesday, June 9, 2010 for attorney members of Attorneys’ Title Guaranty Fund, Inc on “Basic Mechanics Liens.” The Webinar will be broadcast state wide. Attorneys’ Title Guaranty Fund, Inc is a title company and a client of the firm.
Chicago Partner George Apostolides was quoted in the June 2 edition of Law360 about a new litigation model, commonly being called the litigation prenup. Mr. Apostolides discussed the potential issues with the model, and how it may be interpreted. Click here to read the full article
Chicago Partner Ronald Menaker appeared on First Business Network on June 3, and discussed the BP oil spill and possible litigation. Click here to see the full news segment.
Arnstein & Lehr LLP is pleased to announce the launch of our area of law-specific alerts. Every week, on Thursday, our system will search for recent news of legal significance authored by our attorneys within areas of law our lawyers practice. These alerts will allow email subscribers to automatically receive breaking legal news items of interest in a timely fashion. In addition to email [...]
Chicago Partners David Wayne (far left) and Sharilee Smentek (second from left), Associate W. Matthew Bryant (second from right) and Paralegal John Fuller (far right) spoke to seventh and eighth grade students on May 27 through the Lawyers in the Classroom program. The seminar was presented at Chicago’s Benjamin Smyser School the examined the First [...]
Chicago Partner Robert E. McKenzie lectured on May 28 in Park City, Utah for the Utah Society of Enrolled Agents. June 3-5 he will conduct a seminar for the California Super Seminars in Reno, Nevada. Mr. McKenzie also spoke on May 25 on legal ethics for the John Marshall Law School in Chicago.
On May 24 Chicago Partner Ronald Menaker spoke at DePaul University College of Law as part of a national seminar of immigration and criminal defense lawyers. Ron’s seminar was entitled “Why defense counsel in Illinois. must act in light of the US Supreme court decision of Padilla v. Kentucky.”
by Tracey A. Salinski As a prospective business owner, you will be faced with many important decisions, including what business structure will best suit the needs of your new venture. Understanding the various types of legal structures which are available and the selection of the appropriate structure are critical steps in establishing your new business. [...]
