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Justices Slam Nation's Patent System; Federal Circuit Chief Defends 'Obviousness' Test

Legal Times

November 29, 2006

The Supreme Court justices on Tuesday made it crystal clear that they are upset with the nation's patent system, the lawyers who litigate under it and the appeals court that referees it. During a lively -- bordering on raucous -- hour of arguments, justice after justice piled on criticism of the Federal Circuit's "teaching-suggestion-motivation" test for obviousness, with Justice Antonin Scalia calling it "gobbledygook" and Chief Justice John Roberts Jr. stating that it is "worse than meaningless."

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