KSR – Liftoff!
The Supreme Court has granted review in KSR Int’l v. Teleflex, Inc., S. Ct. No. 04-1350. [ Hat tip to SCOTUSblog. ] This grant is consistent with the Solicitor General’s recommendation in the case, which I reviewed in some detail. The SG’s brief recommending review likely gives a strong preview of what the SG’s brief on the merits will argue.
For more background and links to all the petition-stage briefs in KSR, see the indefatigable Patently-O.
Assuming KSR does not seek an extension of time within which to file its opening merits brief, KSR’s brief is due on Thursday, August 10. (S. Ct. Rule 25.1 provides a 45-day briefing period after grant.) Any amicus briefs in support of KSR are due the same day. (S. Ct. Rule 37.3(a).) Because I don’t know whether KSR will seek an extension of time, I’m not going to calculate Teleflex’s due date here. The Supreme Court Rules are available on line.
The Court also denied review in FTC v. Schering-Plough, S. Ct. No. 05-273, an antitrust case about a patent litigation settlement that included a “reverse payment” from patentee to accused infringer.
UPDATE: Dennis Crouch, at Patently-O, comments on today’s cert. grant in KSR. He also provides a master collection of links.

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