The Empiricist writes: The first amicus brief in support of affirming the Federal Circuit's decision, on modified grounds, has been filed at the Supreme Court. In this brief, Professor Lee A. Hollaar and IEEE-USA argue that the subject matter of the Bilski patent application was non-statutory, but that the Federal Circuit's "transformation or machine" test is vague. They argue that "[t]ens-of-thousands of patents that claimed software-based inventions as methods are now open to question" because of the Federal Circuit's test and that "[i]nstead, the test should be the one that has existed from the start of patent law, updated to use today's statutory terms: A process is statutory subject
matter when it involves making or using a machine, manufacture, or composition of matter." More amicus briefs supporting affirmance of the In re Bilski decision are expected, but this brief is unusually early.