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Supreme Court to Rule On 'Obvious' Patents

Posted by CowboyNeal on from the return-to-common-sense dept.

vocaro writes "The U.S. Supreme Court appears ready to rewrite the standard of what makes a patent 'obvious.' In a case before the court, brake manufacturer Teleflex is accusing a rival, KSR International, of violating its patent on a brake assembly. Large patent holders, including Microsoft, IBM, and Cisco, have submitted briefs supporting KSR, saying that true innovators can have a patent held up against them that reflects nothing more than an obvious combination of preexisting elements, then be told they have to leave the market or pay royalties. The court appears to be on KSR's side, saying that Teleflex's invention would have been obvious to an individual of reasonable skill. During oral arguments, Justice Breyer observed, 'It looks to me at about the same level as I have a sensor on my garage door at the lower hinge ... and the raccoons are eating it. So I think of the brainstorm of putting it on the upper hinge.'"

7 of 239 comments (clear)

  1. Slashdot patents by Anonymous Coward · · Score: 5, Funny

    Uh no.. Will Slashdot lose its patent on dupes?

  2. Patented already by IWannaBeAnAC · · Score: 5, Funny

    'It looks to me at about the same level as I have a sensor on my garage door at the lower hinge ... and the raccoons are eating it. So I think of the brainstorm of putting it on the upper hinge.'

    Too late dude, I already patented that.

  3. obvious by Rudisaurus · · Score: 5, Funny
    During oral arguments, Justice Breyer observed, 'It looks to me at about the same level as I have a sensor on my garage door at the lower hinge ... and the raccoons are eating it. So I think of the brainstorm of putting it on the upper hinge.'"
    Ah -- the old "raccoons eating the hinges" analogy.
    --
    licet differant, aequabitur
  4. Re:Yeah for the raccoons by eric76 · · Score: 3, Funny

    I'm wondering just what the hinge is made of if raccoons can eat it.

  5. Re:Yeah for the raccoons by flyingsquid · · Score: 4, Funny
    Gotta love the analogy with the raccoons. Sounds like a judge finally gets it.

    In related news, a Supreme Court Justice is being sued for patent infringement by DoorCo, a manufacturer of garage doors and door sensors...

  6. Re:Yeah for the raccoons by Harmonious+Botch · · Score: 4, Funny

    "Gotta love the analogy with the raccoons. Sounds like a judge finally gets it"

    We finally got a judge that was smarter than a racoon.

  7. Re:Yeah for the raccoons by RajivSLK · · Score: 4, Funny

    Umm, I think raccoons ate your reading comprehension.