Judge Robinson in Accenture Global Services GMBH v. Guidewire Software, Inc., has decided to stay the case and deny defendant’s motion for partial summary judgment of invalidity based on unpatentable subject matter until after the U.S. Supreme Court issues its ruling in the Bilski matter. C.A. No. 07-826-SLR, Memo. Order (D. Del. Feb. 26, 2010). The patents in this case relate to software used to perform insurance-related transactions and tasks. Id. at 2. The court stated that it “believes that the claims of the Accenture patents would not meet the ‘transformation” prong’ of the Federal Circuit’s current machine or transformation test under Bilski as it currently stands. Id. at 3. However, the patents “raise substantial questions under the ‘machine’ prong.” Id. Therefore, the court stated, “[i]nsofar as the Supreme Court may illuminate, or drastically alter, the framework of such a determination, the court believes that it is prudent to postpone the subject matter inquiry under 35 U.S.C. Section 101 until such time as a decision is issued in Bilski v. Doll.” Id.
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