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In re Bilski

The Court of Appeals for the Federal Circuit has determined that to comprise patentable subject matter under Section 101, an invention as claimed must meet a “machine or transformation” test. The test is most applicable to “process” or method claims, such as those defining methods of doing business, software inventions, methods of game play, chemical processes and the like. In accordance with the test, a claim can satisfy Section 101 by either showing that the claim is tied to a particular machine, or by showing that the claim transforms an article.

 

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R. SCOTT WEIDE, Esq.

 



An experienced intellectual property attorney, Mr. Weide has worked exclusively since 1991 as an intellectual property attorney, with a majority of this time at Knobbe, Martens, Olson & Bear, one of the largest intellectual property firms in the United States. Mr. Weide has significant experience preparing and prosecuting many hundreds of foreign and domestic patent applications, as well as handling trademark, copyright, trade secret and litigation matters. Mr. Weide has drafted patent applications covering a wide variety of technologies.

 

Mr. Weide is the author or co-author of several intellectual property related articles, including Patent Enforcement Deterrence: Liberal Assertions of Personal Jurisdiction in Declaratory Judgment Actions which appears in the University of Missouri-Kansas City Law Review at Vol. 65, No. 2 (Winter 1996), and the article Violation of the Erie Doctrine: Application of a Rule of Federal Common Law to Issues of Patent License Assignments, which appears in the Creighton University School of Law Law Review at Vol. 32, No. 4 (April 1999). Mr. Weide was a winner of a Nathan Burkan Memorial Writing Competition Award for his article regarding copyright law entitled Digital Audio Tape: Can It Be Saved From a Death by Politics?

Practice Areas
All Phases of Patent Law and Counseling
Intellectual Property Litigation
Trademarks
Copyrights

Education
Creighton University School of Law
Juris Doctorate, Summa Cum Laude

University of Nebraska
Bachelor of Science Degree in Mechanical Engineering

Additional Experience and Expertise
Pi Tau Sigma and Tau Beta Pi, academic engineering honor societies
American Society Mechanical Engineers

Bar & Court Admissions

Admitted to:
Nevada State Bar
California State Bar
United States District Court for Nevada
United States District Court: Eastern and Central Districts of California
Court of Appeals for the Federal Circuit