I was going to devote this blog to the recent U.S. Supreme Court hearing in KSR v. Teleflex, but Dennis Crouch has a provided a good overview along with links to the pleadings and hearing transcript. This is one of the most significant IP cases in recent years because the court will provide guidance on what is “obvious” for purposes of a claimed innovation. If something is obvious, it can’t be patented. If the court broadens the definition, it will lead to a higher number of patents – and likely an increase in litigation.
In reading the court transcript, you can see how the parties and the court wrestle with how properly to define “obvious” for purposes of U.S. Code: Title 35. To be candid, although the case is tremendously significant, it isn’t exactly scintillating reading. In fact, IP cases rarely are. As a result, IP attorneys have a reputation as being the humorless “geeks” of their profession.
But, in their defense, let me say that IP attorneys are some of the funniest people I know. Don’t believe me?