PUBPAT in the Supreme Court

PUBPAT advocates for sound patent policy before the U.S. Supreme Court.

Supreme Court Briefs

• KSR v. Teleflex, Obviousness (PDF; 131KB)

• UPDATE: On April 30, 2007, the Supreme Court rendered its decision in the KSR case and held that the Federal Circuit had been determining the obviousness of patents in a narrow and rigid manner that was inconsistent with the statute and Supreme Court precedent.  The decision could result in restoration of higher and more certain Supreme Court standards for patentability that the Federal Circuit had been failing to properly apply.  The result, if the decision is followed by the Federal Circuit and applied by the U.S. Patent & Trademark Office, will be that innovators will be less likely to find their innovations impeded by undeserved patents, and will need to file fewer defensive patent applications in their effort to protect themselves from patent harm.  Both are decidedly in the public interest.

• eBay v. MercExchange, Patent Injunctions (PDF; 86KB)
• LabCorp v. Metabolite, Patentable Subject Matter (PDF; 376KB)
• F.T.C. v. Schering-Plough, Reverse Payments (PDF; 163KB)
  
• Illinois Tool v. Independent Ink, Patent Tying (PDF; 195KB)

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