The decision overturned previous precedents in the business method arena and required patent claims to involve the use of “specific machine or transformation of an article.” In re Bilski, 545 F.3d 943 (Fed. Cir. 2008). The patent claim at issue was for a method of hedging risk in the field of commodities trading. [See related article.]
Michael Jakes, a partner who leads the appellate practice at Washington-based Finnegan, Henderson, Farabow, Garrett & Dunner is fighting back. Jakes plans to file a writ of certiorari to the U.S. Supreme Court on behalf of Equitable Resources Inc., the Pittsburgh-based natural gas company that owns the patent at issue in the Bilksi case, on Jan. 28, asking the high court to overturn the decision.
