Bob Stoll, partner and chair of the Intellectual Property Group in Washington, D.C., was quoted in the Bloomberg Law article “Kennedy Pushed for Flexibility in Patent Law as Justice.” The article discusses Justice Anthony Kennedy’s 30-year tenure on the Supreme Court, and the impact his written opinions continue to have on patent law.

Bob commented on Kennedy’s 2010 opinion in Bilski v. Kappos, which suggested that the machine and transfer test is not the only test when deciding if an invention covered eligible subject matter. Bob commented on the confusion that results from the flexible nature of the law on patentability, stating that “[a]s the author of Bilski, Justice Kennedy did not provide clear guidance” on leading to Alice before the “unworkable two-step process on the same basic issue that we are stuck with today.”

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Source: Bloomberg Law