We are now 211 days removed from oral argument in Bilski v. Kappos. In comparison, KSR v. Teleflex took 153 days. Commentators everywhere are speculating about the reason for the delay. Some are considering it indicative of numerous dissents and concurrences, with no real consensus. Others are suggesting that the Supreme Court is in "over their head," as this case will require challenging line drawing in the gray area of patentability.
Many commentators are seemingly urging the Supreme Court to "just go ahead and make a decision already." At this point, the uncertainty has certainly reached the point of hampering productivity. An entire branch of technology is in somewhat of a "holding pattern" while awaiting the decision of the Supreme Court. However, it is important to be mindful of how important this decision actually is. Technological progress in these fields could be severely impeded without a well thought out opinion here.
When a decision finally comes down, we will make sure to follow up with reaction.
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