Confirm favorite deletion?
Patent Law Keyed to Adelman
In re Bilski
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiffs submitted a patent application containing eleven claims related to a method for managing consumption risk of a consumer commodity. Plaintiffs admitted that the commodity may not be a physical commodity but could be options for future purchases. The examiner determined the method was manipulating an abstract idea, did not involve specific equipment, and therefore was not directed to the "technological arts." The examiner rejected all eleven claims of the application. The Plaintiffs appealed to the Board, which held that the examiner had applied the wrong test when using the "technological arts" test and should not have required specific equipment because "transformation" of physical subject matter was eligible for patent and may not require specific equipment. The Board sustained the rejection, but, on the grounds the claims did not involve a transformation, attempted to patent an abstract idea, and did not produce a "useful, concrete and tangible result." Plaintiffs appealed the Board's final determination.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.