Justice Kennedy Patent Opinions:

  • Bilski v. Kappos, 561 U.S. 593 (2010) (machine-or-transformation test is not the sole test for determining patent eligibility)
  • KSR Intern. Co. v. Teleflex Inc., 550 U.S. 398 (2007) (common sense allows PHOSITA to combine references in considering an invention’s obviousness)
  • Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., 535 U.S. 722 (2002) (narrowing amendment presumptively creates prosecution history estoppel)
  • Commil USA, LLC v. Cisco Sys., Inc., 135 S. Ct. 1920 (2015) (an infringer’s belief that a patent is invalid is not a defense to a claim of induced infringement)
  • TrafFix Devices, Inc. v. Mktg. Displays, Inc., 532 U.S. 23 (2001) (utility patent creates strong inference of a design’s functionality)


8 thoughts on “Justice Kennedy Patent Opinions:

  1. 3

    Justice Kennedy has made it clear that everything is on the line next November. EVERYTHING.

    If you are a woman or a minority (or both) and you want the Good Ole Days to come back when you were not allowed to do many of the things you had a right to do, then vote Republican.

    If you don’t want the Good Ole Days to come back, then hold your nose and vote Democrat.

    1. 3.1

      The elections in November will be too late. There will be a new Justice appointed in the fall.

  2. 2

    Normally I would be happy to see a wishy washy hack like this retire. But not this time.

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