Friday, August 14, 2009
SCOTUScast debate on Bilski -- Shedding light, not heat
I had the pleasure this summer of debating Michael Risch, with Adam Mossoff hosting, regarding patentable subject matter and the Supreme Court's upcoming decision in Bilski for the Federalist Society's terrific SCOTUScast blog series of commentaries on recent and upcoming Supreme Court cases. Not only are Michael and Adam very knowledgeable and insightful, particularly regarding centuries of history of patent law, they are terrific analysts and interlocutors (and just good people). Michael cogently presented the case for broad patentable subject matter, as a matter of innovation policy, legislative interpretation, and history, while I made the case for keeping certain areas free from private property rights as a matter of industrial policy, history, and judicial construction of legislation and the Constitution. I highly recommend the podcast for all who want to better understand the legal and policy issues, as well as Michael's recent amicus briefs in the Federal Circuit and the Supreme Court and his recent article on patentable subject matter history, as well as my recent amicus brief in the Federal Circuit and draft article -- the Supreme Court brief is coming so stay tuned!