"Judge Sweet's opinion may be said to raise the stakes on Bilski slightly"
I think that depends a lot on how broadly the Supreme Court rules in the Bilski case. If the Supreme Court rules that carriers of information about algorithms, or mental processes, is not within the scope of patent law then that ruling will sink gene patents before Myriad ever reaches the Supreme Court.
If the Supreme Court decides Bilski on very narrow grounds and does not rule on whether algorithms and mental processes are patentable then the Myriad case will give us another kick at the can when it reaches the Supreme Court. We could submit an amici curiae in the Myriad case which would ask for a broad enough ruling to abolish software patents as well as gene patents.
"Judge Sweet's opinion may be said to raise the stakes on Bilski slightly"
I think that depends a lot on how broadly the Supreme Court rules in the Bilski case. If the Supreme Court rules that carriers of information about algorithms, or mental processes, is not within the scope of patent law then that ruling will sink gene patents before Myriad ever reaches the Supreme Court.
If the Supreme Court decides Bilski on very narrow grounds and does not rule on whether algorithms and mental processes are patentable then the Myriad case will give us another kick at the can when it reaches the Supreme Court. We could submit an amici curiae in the Myriad case which would ask for a broad enough ruling to abolish software patents as well as gene patents.
-------------------------
Steve Stites