Justice Stephen G. Breyer says he has a “great, wonderful, really original method of teaching antitrust law”—it keeps 80 percent of his students awake. Can the method be patented? he asked in oral arguments yesterday.
The hypothetical was one of several bandied about as the U.S. Supreme Court heard oral arguments on whether patents can be issued for business methods that aren’t tied to a machine or don’t involve a physical transformation.
In Bilski v. Kappos, justices suggested hypotheticals “that they clearly found ludicrous,” the New York Times reports. According to the National Law Journal, some of the justices’ comments in the long-awaited argument “bordered on the derisive.”
Nov 10, 2009 2:53 PM CST