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9 May 2007, 5:25 pm
Petitioner KSR, in its brief to the US Supreme Court, wrote: The present litigation, soon to begin its fifth year, well illustrates how the Federal Circuit "teaching-suggestion-motivation test" has gutted 35 U.S.C. 103(a) as a meaningful defense to claims for alleged patent infringement, and has permitted "a class of speculative schemers ... to lay a heavy tax upon the industry of the country, without contributing anything to the real advancement of the art. [read post]