Supreme Court Watch
Sotomayor's Impact on Upcoming Controversies
By: Michael Palomino
Issue date: 11/25/09 Section: News
The law awards a patent to anyone who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."
The court will decide whether a business method, in this case the plaintiff's (Bernard L. Bilski) claim to a patent on a system of hedging risks in commodities trading, is indeed patentable.
Depending on how the high court rules, the consequences of this case could have far-reaching effects throughout the business world, affecting everything from banking and investment to the software development industry.
For those following developments at the court, there is a question of what impact, if any, Justice Sotomayor will have on these decisions?
Executive Assistant to the President and university counsel, Alfred E. Ramey, who spoke at last month's discussion panel on the appointment of Sonia Sotomayor to the United States Supreme Court, declined to speculate on Sotomayor's impact on these and other pending cases.
Regarding Sotomayor's judicial philosophy, however, Mr. Ramey cited her own testimony during last summer's confirmation hearings.
"She emphasized how it's important to listen very carefully to the arguments [and] to make sure the correct and fair judgment is made under the law."
"Her reputation is that she's not someone who is intimidated by others. She's obviously [a] well prepared and intellectually strong individual. Presumably she'll be able to persuade others to her position also."
Ramey concluded, "The bottom line is she is in a position where she doesn't actually have to follow precedent, which differs from where she was before [as a circuit court and U.S. District court judge.]"
As of this writing, the Supreme Court has not returned a verdict on these cases, whose decisions are still pending.
For more information regarding these cases and many others, visit http://otd.oyez.org/
The court will decide whether a business method, in this case the plaintiff's (Bernard L. Bilski) claim to a patent on a system of hedging risks in commodities trading, is indeed patentable.
Depending on how the high court rules, the consequences of this case could have far-reaching effects throughout the business world, affecting everything from banking and investment to the software development industry.
For those following developments at the court, there is a question of what impact, if any, Justice Sotomayor will have on these decisions?
Executive Assistant to the President and university counsel, Alfred E. Ramey, who spoke at last month's discussion panel on the appointment of Sonia Sotomayor to the United States Supreme Court, declined to speculate on Sotomayor's impact on these and other pending cases.
Regarding Sotomayor's judicial philosophy, however, Mr. Ramey cited her own testimony during last summer's confirmation hearings.
"She emphasized how it's important to listen very carefully to the arguments [and] to make sure the correct and fair judgment is made under the law."
"Her reputation is that she's not someone who is intimidated by others. She's obviously [a] well prepared and intellectually strong individual. Presumably she'll be able to persuade others to her position also."
Ramey concluded, "The bottom line is she is in a position where she doesn't actually have to follow precedent, which differs from where she was before [as a circuit court and U.S. District court judge.]"
As of this writing, the Supreme Court has not returned a verdict on these cases, whose decisions are still pending.
For more information regarding these cases and many others, visit http://otd.oyez.org/
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