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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 2731 times)
stillstudying
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Re: WHY IS SUPREME COURT LOOKING AT OBVIOUSNESS
« Reply #5 on: Mar 20th, 2007, 5:24pm »
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Has there been a ruling issued in this case?  The patently-o blog said to expect one in early February, but if it came out, I missed it.  Huh  TIA
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Isaac
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Re: WHY IS SUPREME COURT LOOKING AT OBVIOUSNESS
« Reply #6 on: Mar 21st, 2007, 4:54am »
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No decision yet in the Teleflex case.   If someone predicts a date other than sometime before the end of the session, they are just guessing.
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Isaac
Bill Richards
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Re: WHY IS SUPREME COURT LOOKING AT OBVIOUSNESS
« Reply #7 on: Apr 3rd, 2007, 6:37pm »
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on Dec 1st, 2006, 4:15pm, patag2001 wrote:
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?
I doubt that the Court will just kill the TSM test.  My guess is they'll allow parts of it (non-gobbledegook) to be used as a factor.  The problem, as suggested by some of the justices, is it's been in use for so long that completely doing away with it would throw things into chaos.  In the final analysis, you are correct, something must be available to avoid the hindsight problem.  Another factor is that the CAFC, since this case was granted cert, has softened their stance and said that TSM is just one factor.  Should be an interesting opinion; at least I hope it is.
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mr.physics
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Re: WHY IS SUPREME COURT LOOKING AT OBVIOUSNESS
« Reply #8 on: Apr 23rd, 2007, 8:56am »
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I think the SCt should rule that TSM be replaced with the "So easy a caveman can do it" test.  Ok, so I've been staring at my "motivational" Geico advert in my cube a little too much today...
 
In all seriousness, where will I be able to find the court's opinion when they come to their ruling?  Would searching the SCt's website for KSR v Teleflex turn it up?  Also, where does one go to find out that a ruling has actually been made on a case in general?
 
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Isaac
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Re: WHY IS SUPREME COURT LOOKING AT OBVIOUSNESS
« Reply #9 on: Apr 23rd, 2007, 10:54am »
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on Apr 23rd, 2007, 8:56am, MR Wisc wrote:
In all seriousness, where will I be able to find the court's opinion when they come to their ruling?  Would searching the SCt's website for KSR v Teleflex turn it up?  Also, where does one go to find out that a ruling has actually been made on a case in general?
 
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Searching on the Supreme Court's web page would work.   But I'm guessing that the news will be available on your favorite intellectual property blog shortly after the decision comes out.
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Isaac
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