Thursday, July 1, 2010

Nine Blind Bilski Justices, None with a stick, None with a Clue

Over at the IP WatchDog site, I posted the below somewhat irreverent proposal:
  If I were to draw a picture of the 9 U.S. Supreme Court Justices circling the Bilski v. Kappos elephant, I would ...
  place each one outside the 3 point basketball circle relative to the elephant and put a Geiger counter or compass in the hand of each blind Justice whereby each senses the “spin” around the Bilski claims but none of them actually touches and “gets it” directly (by hand or even with a blind man's walking stick).

In this hypothesized cartoon, one Justice would be saying, “My Geiger counter says it ‘feels’ that the Bilski elephant is too “abstract”. I say the physical steps in Bilski were never there to begin with and certainly I don’t see them.”

Another would say
, “My sundial is foreshadowed by an ancient sun and indicates that the Founding Fathers would have frowned on this sort of progress. The business of patents is not business –irrespective of whatever the word “business” might mean”.

A third would say, “My MRI spin machine indicates ... (Read more)