SAN FRANCISCO — U.S. District Judge Marilyn Hall Patel will get a firsthand listen today to the hottest new patent infringement defense just starting to sweep the nation.
Lawyers from Greenberg Traurig, representing Retail Decisions, will cite In Re Bilski to argue that a patent on a method for detecting online credit card fraud held by opponent CyberSource Corp. is invalid. Decided in October by the Federal Circuit U.S. Court of Appeals, Bilski held that methods aren’t patentable unless they are tied to a machine or can transform an article into a different state.
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