Junk patents to be revisited by U.S. Supreme Court; ripple effect may be profound

Wednesday, November 29, 2006 by: Jerome Douglas
Tags: Supreme Court, patent law, patents

https://www.naturalnews.com/021199_Supreme_Court_patent_law.html

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One of the most common complaints from these firms and companies centers around the actual patent, and what courts should consider when deciding whether an invention is too "obvious" to warrant protection. Timothy Teter, an intellectual property attorney, said "You have some people in industry who say, oh, come on, you've got to be kidding me. This is something we wouldn't ever bother to write down because it's obvious and we're in a fast-moving field."

This new Supreme Court case began during in an obscure patent spat about vehicle gas pedal designs involving two companies without mainstream name recognition -- KSR International and Teleflex. Teleflex had sued KSR for infringement of its patent on a gas pedal design that KSR contends is no more than an obvious melding of two existing inventions.

The potential legal ripple effects of the high court's ruling in the KSR vs. Teleflex case are great, and high-tech companies say there's much at stake for them in the court's ruling.

For example, a tiny start-up company called Eolas Technologies said that Microsoft's Internet Explorer infringed on a patent that they claim covers browser plug-ins and applets. One of Microsoft's arguments was that the existence of old technology showed the Eolas idea was a no-brainer to anyone knowledgeable in the field. Even so, this case continues to this day in the court system -- seven years after it began.

Larger corporations like Intel and Cisco Systems have submitted supporting briefs that urge the Supreme Court to revise an earlier ruling. That ruling -- both companies claim -- has helped make it easier to obtain patents on seemingly "obvious" combinations of pre-existing inventions.

Will Rodger, director of public policy for the Computer and Communications Industry Association, said the eradication of "obvious" patents from the system in addition to ridding the court system of such cases will have a big impact on the technology sector.

"You will have more real investment in our research and development, you will have more confident innovators, and you won't have companies worrying about potentially infringing a patent they know is bogus in the first place."

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