Anticipate This!™ | Patent and Trademark Law Blog

Obviously Waiting for the KSR v. Teleflex Opinion.

Posted in Litigation Commentary by Jake Ward on April 29, 2007

Well, the Supreme Court has apparently heard all of its cases for the October 2006 term, and we are anxiously awaiting for the other shoe to drop on the KSR v. Teleflex opinion (the first shoe being oral arguments, previously reviewed by the AT! here:  KSR v. Teleflex: Notable Quotes from the Oral Arguments, and generally indicating that changes to the obviousness standard is likely).

Per U.S. Supreme Court procedures, during the months of May and June, the Court meets at 10 a.m. every Monday to release opinions.  During the last week of the term (before recess in late June/early July . . . lasting until the next term starting the first Monday of October), additional days may be designated as “opinion days.” 

Accordingly, we could conceivably have a decision tomorrow (Monday, April 30th), and almost certainly within the next month or two.

A Continuation Christmas in July?

Posted in Practice Commentary by Jake Ward on April 29, 2007


See the following link for some excellent commentary from Prof. Crouch at Patently-O regarding more conjecture and evidence (via Hal Wegner) of an upcoming gift of new continuation and examination rules from the USPTO.  Looks like it may be a not-so-nice Christmas in July for the Patent Bar.

Per previous AT! commentary, the proposed continuation rules, comments from the Bar, and continuation rumors may be viewed here:  Proposed Limits on Continuations No More?