As requested by the CAFC, both the PTO and Bilski’s attorneys (the Webb Firm) simultaneously filed briefs addressing the en banc that probe the scope of patent-eligible subject under 35 U.S.C. § 101. The Bilski facts focus on the patentability of a method of managing risk that is not tied to any particular form of technology. More generally, the CAFC appears prepared to reevaluate its decade-old State Street Bank decision.
A bevy of amici briefs are expected to be filed in early April.