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The defendants counter that Astra's supposed invention is obvious and not patentable or that, even if the patent is valid, their versions don't infringe.
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It is true that it was the widespread belief in the industry that the Supreme Court in Benson decided that software was not patentable, which is a fair reading of the decision.
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Just as software code is not patentable, because there are so many ways to write code that does the same thing, you should be patenting the application, the method for doing something, not a specific relationship between hardware and software.
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In a decision that could have far-reaching implications in the realm of intellectual property, the justices on Monday unanimously overturned an appellate court's decision, ruling that the test for determining whether an invention is "obvious"--and thus not patentable--is too rigid.
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Patentable or not, the new juice makes sense.
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Administering thiopurines, observing the body's reaction and offering dosing advice did not add up to a patentable process.
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The balance between the two is an engineering decision and not, in itself, a patentable idea.
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The newspaper said the Supreme Court ruling had "clarified that it does not mean no minor variations are patentable - that assessment depends on the therapeutic efficacy".
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Similarly, insignificant postsolution activity will not transform an unpatentable principle into a patentable process.
FORBES: The Federal Circuit, Not the Supreme Court, Legalized Software Patents