Brinks Hofer Gilson & Lione Files Amicus Brief in the Supreme Court in Bilski

August 5, 2009

CHICAGO, Aug 5 /PRNewswire/ -- Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the United States, on behalf of Accenture and Pitney Bowes, today filed an amicus brief on the merits in the Supreme Court of the United States in Bilski v. Doll. In Bilski, the Supreme Court will consider what is eligible for patenting under 35 U.S.C. Sec. 101. Specifically, the Court will consider whether the Federal Circuit erred by holding that a "process" must be tied to a particular machine or apparatus or transform a particular article into a different state or thing to be eligible for patenting. The Court will also determine whether this exclusive test forecloses patent protection to many business methods or contradicts the clear Congressional intent that patents protect "method[s] of doing or conducting business." 35 U.S.C. Sec. 273.

"We hope the Court will recognize the Constitutional mandate for open access to the patent system to include new and unforeseen innovations," said Meredith Martin Addy, chair of the firm's Appellate Group. "After all, these U.S. innovations are the gems that will help our economy to prosper again and we must protect them."

"Accenture is committed to ensuring that the patent system adapts to embrace new technology and leading-edge ideas and believes Bilski's rigid machine-or-transformation test stands in the way of innovation," said Wayne P. Sobon, Accenture's Associate General Counsel and Director of Intellectual Property who submitted the brief with the Brinks firm on behalf of Accenture. "Accenture's amicus brief urges the Supreme Court to preserve broad access to the U.S. patent system."

More than 25 years have passed since the Supreme Court has accepted a section 101 case and it has never reviewed a section 101 case decided by the Federal Circuit. Because Bilski presents an issue fundamental to a wide range of U.S. industries, the case is expected to have a great impact on patent law. Accenture's brief, prepared by Ms. Addy, Joel W. Benson and Charles M. McMahon, advocates that the Court reaffirm the "usefulness" test for patent eligibility based on the U.S. Constitution, as found in the patent statute for more than 200 years and used in precedent. Rather than limit access to the patent system for any one type of technology or science, the "usefulness" test permits new and unforeseen technologies access to the patent system if they are a practical application of ideas in the world.

The amicus brief can be found at www.usebrinks.com.

Founded in 1917, Brinks Hofer Gilson & Lione is based in Chicago with five additional offices across the country serving the intellectual property needs of clients from around the world. The firm is one of the largest IP law firms in the country, with more than 170 attorneys, scientific

advisors and patent agents specializing in intellectual property litigation and all aspects of patent, trademark, copyright, trade secret, unfair competition, intellectual asset management, and technology and licensing agreements. Brinks routinely handles assignments in fields as diverse as electrical, chemical, mechanical, biotechnology, pharmaceutical, nanotechnology, Internet and computer technology, as well as in trademarks and brand names for a wide variety of products and services. For more information, visit www.usebrinks.com.

    CONTACT:
    Sydney Iglitzen
    (312) 840-3163
    siglitzen@usebrinks.com

SOURCE Brinks Hofer Gilson & Lione