Comments on: Argument Recap: KSR v. Teleflex on 11/28 http://www.scotusblog.com/wp/argument-recap-ksr-v-teleflex-on-1128/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: egroeg http://www.scotusblog.com/wp/argument-recap-ksr-v-teleflex-on-1128/comment-page-1/#comment-10668 egroeg Fri, 01 Dec 2006 19:14:33 +0000 http://www.scotusblog.com/wp/uncategorized/argument-recap-ksr-v-teleflex-on-1128/#comment-10668 I found it noteworthy that Justice Kennedy rebuked Attorney Goldstein for relying on Dystar (decided after KSR) to support the proposition that the T-S-M test is not really as narrow and exclusive as would appear from the Federal Circuit court's decision in this case. Tr. 35-36. At least I read it as a rebuke: "And I think you should tell us when the case has been decided after, I think it has much less, much less weight." -JD Dalton I found it noteworthy that Justice Kennedy rebuked Attorney Goldstein for relying on Dystar (decided after KSR) to support the proposition that the T-S-M test is not really as narrow and exclusive as would appear from the Federal Circuit court’s decision in this case. Tr. 35-36. At least I read it as a rebuke: “And I think you should tell us when the case has been decided after, I think it has much less, much less weight.”

-JD Dalton

]]>