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Examples
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While business-method patents were rejected by the court, as expected, the patentability of software was expanded.
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In a related vein, there are four opinions left from the November sitting: Graham v. Florida and Sullivan v. Florida (both involving whether imposing a sentence of life without parole on minors for a crime other than a homicide violates the Eighth Amendment ban on cruel and unusual punishments); Bilski v. Kappos (involving the standand for business-method patents), and Schwab v. Reilly (involving a bankruptcy exemption).
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The Supreme Court had an easy call to make in a patent-law case and took the easy way out -- leaving problems with software and business-method patents for another court or Congress to solve.
Supreme Court 'Bilski' ruling doesn't rule out software, business-method patents 2010
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But in rejecting the proposed patent at issue in the case, the court actually may have helped some types of business-method patents because the court disavowed a rigid lower-court legal test that had been criticized by advocates of broader patent rights.
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Kappos involving the standand for business-method patents, and Schwab v.
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Inc. and a group of Internet retailers are among those who argued in friend-of-the court briefs that the explosion of questionable business-method patents has harmed innovation and led to a wave of costly litigation.
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The court did not feel compelled to resolve that -- though retiring Justice John Paul Stevens, in a concurring opinion, argued that the court should have struck down business-method and software patents in general.
Supreme Court 'Bilski' ruling doesn't rule out software, business-method patents 2010
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Inc. had argued that a lower court's legal test limiting business-method patents didn't adequately protect technological innovations.
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Must a business-method patent be tied to a machine or apparatus to be valid.
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NewRiver's technology, which it says is protected by a business-method patent, electronically checks the SEC's Web site every day for prospectuses of mutual funds, exchange-traded funds and annuities.
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