just_n_examiner (just_n_examiner) wrote,
just_n_examiner
just_n_examiner

Bilski [or lack thereof]

I was firmly convinced that the opinion on Bilski would be issued today.

Why? Well, there are [were] only two days remaining in the quarter (three, if you count Saturday), and I've got more than enough to keep me busy without taking a few hours to digest the decision.

Besides that, I had finished writing a Bilski-type 101 rejection earlier this week for an action that I was holding onto just in case. If the opinion had been issued today, I'd have needed to take the time to try to discern the direction that the learned Justices had dispensed, and depending on that direction, adjusted the rejection or withdrawn it altogether.

Just figured that with the stars aligned like that, the opinion would surely have been issued today.


Nope. No decision. Action out the door. And next Monday morning, I'll once again be keeping an eye out to see if the opinion is issued.


I must say, Hal Wegner has been making a pretty compelling argument that the Federal Circuit's decision will be affirmed. If Stevens hasn't been writing this decision, what has he been doing this whole term? And if he is indeed writing it, what are the chances of a reversal? Not very likely, he argues.

Should be interesting.
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