Supreme Court Skeptical About Federal Circuit’s Obviousness Test

Law360, New York (December 4, 2006, 12:00 AM EST) -- Last week the Supreme Court heard oral argument in KSR International Co. v. Teleflex Inc. The issue on appeal is whether the Federal Circuit's “suggestion test” for finding a patent invalid based on obviousness is inconsistent with Supreme Court precedent and likely to lead to the overgranting of patents or, instead, is an appropriate test and an important protection against invalidating legitimate patents based on improper use of hindsight. Numerous amicus briefs have been filed, both for and against the test.

Since 1952, the patent statute...
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