New and converging technology continue to push the bounds of what is patentable. Business method patents may be patent-eligible, but what separates a patentable method from a mere abstract idea or phenomenon of nature? How has Bilski and its progeny impacted your patent procurement and enforcement strategy? This panel will examine the debate between having a competitive advantage vs. the greater good and how the following issues are affecting your business:
- Did the Supreme Court provide sufficient guidance to lower courts on the appropriate test for patent-eligibility? Is the “machine or transformation” test appropriate for all technologies?
- The impact of Bilski on procurement and enforcement strategies:
- How to draft patent claims most likely to survive a § 101 challenge
- How the Supreme Court’s decision will impact litigation tactics
- How to draft patent claims most likely to survive a § 101 challenge
- The repercussions for innovation
- Revised approaches for protecting proprietary methods
Panelists:
- Paul Hunter, Vice Chair, Electronics Practice
- Steve Rizzi, Chair, China Practice
- James Smith, Associate GC & Chief IP Officer, Baxter Healthcare Corporation
- E. Earle Thompson, Chief Intellectual Property Counsel, SanDisk Corporation
- Mialeeka Williams, Counsel, The Coca-Cola Company
- Michael Whitehead, Chief Counsel, Intellectual Property, The Lincoln Electric Company
Related Insights
December 22, 2025
Labor & Employment Law Perspectives
‘Tis the Season
‘Tis the Season… You probably do not think of HR compliance when you hear the phrase. But the end of 2025 is a good time — even in the…
January 27, 2026
Events
Fashion Law 2025 Year in Review
In 2025, the fashion industry faced significant challenges and opportunities driven by geopolitical shifts, rising tariffs and trade policy changes, and evolving consumer expectations, while innovation in brand protection and strategic partnerships supported resilience and growth.
December 22, 2025
Foley Viewpoints
Guyana: A Primer on a Strategic U.S. Caribbean & South American Ally
Guyana does not currently have a binding corporate governance code, and minority shareholder protections are relatively weak. Foreign investors must therefore structure joint ventures and other partnerships carefully, using shareholder agreements, board representation rights, and dispute resolution clauses to safeguard their interests.