Gobbledygook At The Supreme Court

Law360, New York (March 7, 2007, 12:00 AM EST) -- When United States Supreme Court Justice Antonin Scalia recently critiqued a key patent law principle as gobbledygook, some people thought he was right. Indeed, the principle he denigrated during the oral argument in KSR v. Teleflex has been twisted and turned through a century and a half of legislation, court decisions, and patent office gloss, into something exquisitely vague.

Not only the KSR case but, incredibly, our entire patent system, hinges on this ill-defined legal concept: an invention should not garner patent protection if it would...
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