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Supreme Court to hear oral arguments regarding scope of US patent law

This morning the Supreme Court will hear oral argument in Microsoft Corp. v. AT&T Corp., a case about the potential extraterritorial reach of United States patent law. Specifically, the case deals with § 271(f)(1), which states that: (f)(1) Whoever without authority supplies or causes to be supplied in or from the United States all or […]

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Roundup of media coverage of “MedImmune v. Genentech” decision

After last week's Supreme Court decision in MedImmune v. Genentech holding a patent licensee in good standing need not breach the license agreement in order to bring a claim that the patent is invalid, not infringed, or unenforceable, the media has begun to offer its perspective on the case. Below is a sampling of the […]

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Supreme Court: patent licensee need not cease royalty payments to challenge patent’s vaildity

Today the Supreme Court decided MedImmune v. Genentech, a case about the power of federal courts to decide issues related to patent infringement and validity when one party to the dispute is currently licensing the patent from the other party. In an 8-1 decision, the Court held that a licensee need not stop paying royalties, […]

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Roundup of media coverage of “KSR v. Teleflex”

After last week’s arguments before the Supreme Court in KSR v. Teleflex, the media has begun to offer its perspective on the case. Below is a sampling of the media coverage, which generally appears to think that the teaching-suggestion-motivation (TSM) test will either be scrapped entirely, or at least allow other ways to prove an […]

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Supreme Court questions Federal Circuit’s obviousness test: is it “gobbledygook”?

In oral argument before the Supreme Court in KSR International Co. v. Teleflex, Inc., several Justices appeared uncomfortable with the Federal Circuit's "teaching-suggestion-motivation" (TSM) test for obviousness. Justice Scalia, in his typical direct style, characterized the TSM test at various times as "gobbledygook," "irrational," and "meaningless." Other Justices, including Chief Justice Roberts and Justice Breyer […]

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Supreme Court to hear key obviousness case today

This morning the Supreme Court will hear oral arguments in KSR International Co. v. Teleflex, Inc., a potentially landmark case on the issue of obviousness in patent law. The case deals with adjustable automotive pedals in vehicles with electronic throttle controls. Teleflex sued KSR for infringement of patent no. 6,237,565. KSR asserted that the ‘565 […]

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