In the last post, we dealt with Justice Stevens’ opinion; in this final post on the Bilski decision, we discuss Justice Breyer’s opinion. Justice Breyer’s Opinion Justice Breyer begins his opinion by concurring with Justice Stevens that the Bilski application must be rejected on grounds of claiming a business method since a business method is not a patentable process within the meaning of “process” under Section 101. He then states that the purpose of his opinion is to summarise the […]

In the last post, we had undertaken analysis of Justice Kennedy’s opinion in the Bilski decision. In this post and the next, we discuss Justice Stevens’ and Justice Breyer’s opinions. Justice Stevens’ Opinion Justice Stevens concurs with the conclusion of Justice Kennedy, but differs with the logic applied to reach it. He disagrees with Kennedy .J, in that he is of the view that merely because a series of steps are specific and not abstract, the steps do not constitute

In the last post, we had reported in brief on the much-awaited decision of the US Supreme court in Bilski v. Kappos (with a few inaccuracies on my part). Just so that we don’t lose out on such an important development and of course, a delicious rousing heated debate, I thought it best to open the decision for discussion/debate with a few preliminary thoughts (because the judgment merits more than a single reading, particularly Justice Stevens’ brilliant opinion, which at