Supreme Court grants cert in KSR v. Teleflex

Out with the old and in with the new.

Although Labcorp v. Metabolite was dismissed last week, in this morning’s order list, the Supreme Court granted certiorari in KSR v. Teleflex (No. 04-1350, docket here). Previous commentary at Patently-O. The issue is the obviousness test used by the Federal Circuit in patent cases. This promises to be a major case.

LabCorp v. Metabolite dismissed

The Supreme Court issued a decision this morning dismissing the writ of certiorari in Laboratory Corporation of America Holdings v. Metabolite Laboratories, Inc. as improvidently granted. Justice Breyer, joined by Justices Stevens and Souter, dissented from the dismissal.

Decision here. Discussion at Patently-O here.

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