The patent blogosphere loves a cert grant in a patent case. A patent case pending before the Supreme Court gives months of blog material and lots to debate, not to mention months of law review articles like the one I have slated for publication later this summer. So, it is no surprise to see some strong commentary lighting up the patent blogs. Here are two of the most thorough and interesting:
- Patent Docs (predicting that the Supreme Court moves away from the Federal Circuit’s "bright line" machine-or-transformation test and questioning whether the Court will address the patentability of diagnostic method claims as raised in Justice Breyer’s dissent from the Court’s dismissal of Cert in Labcorp v. Metabolite); and
- The Prior Art (handicapping the Supreme Court’s eventual decision, including a brief look at appointee Judge Sotomayor’s potential impact on the decision).