Patent Lawyers Sweat As Supreme Court Hears Teleflex

Law360 (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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.