Originally uploaded at SSRN.


My goal in this brief Essay is to introduce the symposium papers by describing the basics of the Bilski case. I also offer a brief thought about where interested observers might turn next in the U.S. Court of Appeals for the Federal Circuit's § 101 jurisprudence for insights about how that court may implement Bilski's unmistakable revival of Benson and Fook. Specifically, now that the 15-year Alappat/State Street misadventure, with its patent-maximizing "useful, concrete, and tangible result" standard, has come to an end, it is time to revisit the reasoning and results in a rich trove of cases from the Federal Circuit and its predecessor, the U.S. Court of Customs and Patent Appeals (CCPA).