Does the exclusive patent right granted for a software invention conflict with free speech rights of individuals under the Constitution? This is an issue raised in Intellectual Ventures I case,Intellectual Ventures I LLC v. Symantec Corp., __ F.3d __ , 2016 WL 5539870 (Fed. Cir. Sept. 30, 2016)(Mayer, J., concurring).
Bilski Déjà vu: Much has been written on this topic by scholars in the past few years, stimulated by a dissent in the Bilski case by the same author of the cited opinion in Intellectual Ventures I. See In re Bilski, 545 F.3d 943, 1008 (Fed. Cir. 2008)(en banc)(Mayer, J., dissenting), subsequent proceedings sub nom Bilski v. Kappos, 561 U.S. 593 (2010).
Excerpts from both opinions are included as part of the pdf version of this note.