Following up on my post yesterday, The Chicago Daily Law Bulletin has published this story regarding today’s Supreme Court argument in KSR International Co. v. Teleflex Inc. The argument centered around whether the Federal Circuit’s obviousness test should be revised (more on the KSR case from Patently-O here and here). Of course, Justices often play devil’s advocate in oral arguments, so it is dangerous to presume outcomes based upon oral argument, but it looks like it was good legal theater.
Here are a few of the most interesting comments as reported in the Chicago Daily Law Bulletin piece:
Justice Scalia “derided the test as ‘gobbledygook.”’
Chief Justice Roberts: called the current test “a confusing ‘layer of Federal Circuit jargon [that is] worse than meaningless.”’
Just Souter wondered whether overturning the current obviousness test would generate a flood of law suits.