Bilski v. Kappos, Under Secretary of Commerce for Intellectual Property and Director, Pate — Stevens, J…

Summary

The Court affirmed the Federal Circuit’s decision that the petitioners’ method of managing commodity risk is not patent‑eligible because a business‑method claim is not a “process” under 35 U.S.C. §101; the machine‑or‑transformation test is a useful clue but not the exclusive test. Justice Stevens’ opinion, joined by Ginsburg, Breyer, and Sotomayor, concurs in the judgment, and Justice Breyer’s separate concurrence agrees with the judgment.