The Bilski Business Process Patent Case

The US Patent and Trademark Office website, lists the questions presented in the Bilski Patent case that is pending before the Supreme Court. The case will be argued on November 9, 2009. The Electronic Frontier Foundation also has a nice summary of the issues and the ramifications for the technology community.


QUESTIONS PRESENTED:

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 ("machine-or-transformation" test), to be eligible for patenting under 35 U.S.C. § 101, despite this Court's precedent declining to limit the broad statutory grant of patent eligibility for "any" new and useful process beyond excluding patents for "laws of nature, physical phenomena, and abstract ideas."

"Whether the Federal Circuit's "machine-or-transformation" test for patent eligibility, which effectively forecloses meaningful patent protection to many business methods, contradicts the clear Congressional intent that patents protect "method[s] of doing or conducting business."

Is Chicago Now the 14th City, Technically Speaking?

Several tech leaders banded together to write a response to Greg Burns' column in the Chicago Tribune, where he states that Chicago falls short in tech leadership and focus.

Burns starts his column with the connotation that the $1.2 billion sale of SPSS to IBM is BAD news. In most markets, a local tech company that is purchased for over $1 billion is a major success story. But here, it's another reason to kick ourselves (or for the Trib to kick the tech community again).

Here's the well worded response, which outlines the many resources available to support and lead the tech community in Chicago.

Turning Regional Strengths Into a Global Technology Powerhouse

When a city is known for its broad shoulders, and when a region is known for its work ethic, the status quo does not go unchallenged. Today public officials, private industry executives and academic centers of excellence leaders are collaborating toward a common goal: to make Chicago, Illinois and the surrounding Midwest one of the top technology and life sciences centers in the world. We are cultivating venture capital firms willing to finance startups, increasing public sector support, and combining talent and resources to drive the region’s growth.

We are confident that our region will improve its ability to translate the amazing quality, breadth, and depth of scientific research conducted here into an even more vibrant technology-based community, including the launching and nurturing of startup companies. Our respective organizations, along with other private and public sector leaders, particularly the past and current directors of the Illinois Department of Commerce and Economic Opportunity (DCEO), will accept nothing less.

Fortunately we are starting from an often-underappreciated position of strength. Our universities and research centers are world-class assets, as are our global information technology, medical device and biopharmaceutical corporations. When local startups mature and either acquire other companies or become acquired themselves, they represent a desired and healthy evolution for our community. It is only through this process that a sustainable technology ecosystem can develop.

With an eye toward future growth in employment and tax revenues, Illinois Governor Pat Quinn last month approved the state's first capital and infrastructure program in a decade. The package directs approximately $300 million to science and technology investments, and provides several hundred million dollars more for university-based construction projects. The capital plan is expected to create or retain 439,000 jobs in Illinois.

How are we contributing to the growth of our region? Here are just a few examples:

• Since its launch in June 2007, iBIO’s PROPEL programs have helped 48 formation-stage and early-stage life sciences companies by providing entrepreneurs with access to specialized resources and expertise. The iBIO Institute helps Illinois high school teachers incorporate biotechnology into their curricula, and encourages students to explore career opportunities in the life sciences.

• The NanoBusiness Alliance is placing our top science, technology, engineering and mathematics (STEM) students in research internships in Chicago-area nanotechnology companies to inspire our best and brightest students to stick with careers in science. It has also relocated its national conference to Chicago, bringing nanotech companies from all over the country to Chicago for local industry to engage.

• The ISTC is fostering public-private partnerships to develop and execute R&D projects, advocating for funding for R&D initiatives, and collaborating with public and private partners to attract and retain R&D resources and talent in Illinois.

• ITA communicates with some 3500 technology companies in Illinois who are engaged in the community, and participates directly in strategy development for many of these companies. The ITA also manages Chicago’s TechNexus, a clubhouse of sorts for the Illinois technology community. Each month, more than 1500 executives interact through the program, and 30 TechNexus companies have attracted more than $27 million in investment capital.

• Celebrating its 10^th anniversary, World Business Chicago has worked in concert with the public/private sector, and alongside our university partners, to foster the attraction or expansion of hundreds of Chicago-area technology-based firms. We navigate the site selection process for businesses by providing economic and industry data, state and local incentive information, and site location assistance to current and prospective Chicago companies. By working with our area’s leaders to aggressively promote and market Chicago’s strengths as a global technology hub, world-class companies from Boeing to NAVTEQ, Orbitz to CareerBuilder, Motorola to US Cellular call Chicago their home.

Illinois residents and business are fortunate to have a first-rate Congressional delegation that works to ensure investment comes home. Thanks to the number of technology-savvy supporters increasing in Springfield and Washington, and with new public-private partnerships forming constantly, Chicago and Illinois will build upon their demonstrated strengths to create new technology-based solutions in industry, medicine and agriculture. In so doing, we will create new jobs and contribute to a stronger economy in the region and nationwide.

Our organizations couldn’t exist without the active support of private businesses and public research centers, but that doesn’t stop us from aggressively pushing them to accept even greater responsibility for helping Illinois earn its rightful place as a global technology leader. As we dedicate our organizations to the vigilant pursuit of excellence, we encourage our friends and colleagues in the media to celebrate the successes occurring in our backyard. Our businesses and tax base would surely benefit if the world regularly heard about the innovations that emanate from Illinois. We also call upon the business community to apply their broad shoulders and renowned work ethic to this critically important objective. Together, we will leave the status quo behind and create a new and exciting future for Illinois, the United States and the world.

Fred Hoch, President

Illinois Technology Association (ITA)

Dan Lyne, Director, Technology Development

World Business Chicago (WBC)

David Miller, President & CEO

Illinois Biotechnology Industry Organization (iBIO)

Sean Murdock, Executive Chairman

NanoBusiness Alliance

Matthew Summy, President & CEO

Illinois Science & Technology Coalition (ISTC)