Patent Lawyers Sweat As Supreme Court Hears Teleflex

Law360, New York (November 28, 2006, 12:00 AM EST) -- The test used by the U.S. Court of Appeals for the Federal Circuit to gauge if a patent is too obvious came under harsh scrutiny Tuesday during the U.S. Supreme Court’s highly anticipated hearing of the Teleflex patent-infringement dispute.

Setting the tone for the questioning, Justice Antonin Scalia referred to the Federal Circuit’s so-called "teaching-suggestion-motivation" test—the issue at the heart of the case—as the “three imponderables” and “gobbledygook.”

The test is used to prove that a person of ordinary skill in a given industry would combine...
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