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   WHY IS SUPREME COURT LOOKING AT OBVIOUSNESS
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   Author  Topic: WHY IS SUPREME COURT LOOKING AT OBVIOUSNESS  (Read 2725 times)
patag2001
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WHY IS SUPREME COURT LOOKING AT OBVIOUSNESS
« on: Nov 28th, 2006, 12:27pm »
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Can anyone help me with understanding why the U. S. Supreme Court is taking a case on patent obviousness?
 
Many thanks!
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Bill Richards
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Re: WHY IS SUPREME COURT LOOKING AT OBVIOUSNESS
« Reply #1 on: Nov 28th, 2006, 7:46pm »
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I could have sworn I already posted on this, but maybe not; it's been a long day.  Anyway, why not?  The U.S. Constitution provides for patent protection as well as commerce.  There are sometimes huge implications about the validity/enforceability of patents, which sometimes turn on obviousness.  Finally, the SCt has weighed in on patent issues on numerous prior occasions.
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William B. Richards, P.E.
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Isaac
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Re: WHY IS SUPREME COURT LOOKING AT OBVIOUSNESS
« Reply #2 on: Nov 29th, 2006, 5:46am »
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I would suggest that the US Supreme Court is taking the case because at least a minority of Justices were convinced (before or after reading the Solicitor General's brief to grant cert) that the CAFC is out to lunch.
 
A transcript of the oral argument (a pdf) is available here
 
http://www.supremecourtus.gov/oral_arguments/argument_transcripts/04-135 0.pdf
 
Teleflex would appear to have little chance of convincing Chief Justice Roberts or Justice Scalia to keep the TSM test.
 
 
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Isaac
Jonathan
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Re: WHY IS SUPREME COURT LOOKING AT OBVIOUSNESS
« Reply #3 on: Nov 29th, 2006, 9:53am »
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Patently-O is providing nice summarized coverage of this case:
 
http://tinyurl.com/ylu668
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patag2001
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Re: WHY IS SUPREME COURT LOOKING AT OBVIOUSNESS
« Reply #4 on: Dec 1st, 2006, 4:15pm »
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I read through the court record that was provided.  Many thanks for providing the link!  It looks like the TSM test (gobbledygook) was added to filter out hindsight in view of Graham.  So if the TSM test is possibly no longer included as a non-obviousness test, are we in danger of hindsight again diminishing the quality of a non-obviousness determination?
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