Does the KSR decision really work a change in the law? In decisions issued since certiorari was granted in KSR, the Federal Circuit has taken great pains to make clear that its TSM test is not applied in a rigid, mechanical fashion, but rather is expansive, taking into account the skill of ordinary artisans in the field. The Supreme Court appeared to approve of these more recent decisions and apparently will allow the Federal Circuit to continue applying the TSM test, albeit in a less formalistic manner. Nevertheless, the Court’s decision in KSR is likely to embolden the PTO and courts around the country to invalidate patents that provide little, if any, contribution over the prior art.

Alvin Despain addressed prior art in his Expert review of our patents and what they teach and it was his Express OPINION that our Patents were NOT obvious.

JW Ruled in OUR Favor at the Markman hearing "minus" Claim 29 of the 584 patent which we are appealing in Court and with the USPTO who initially and quickly rendered a Non Final Rejection after the Markman ruling on this claim.

Matsushita tried to cite thousands of prior art claims that were in violation of the Rules of Court and at the last moment they said they had "Just" discovered the "3" claims of prior art made by Pubpat and they wanted to "go with those claims"

The attorney's for the defendants have used All of the text book defenses in trying to win this case for their clients, as they should have.

If our patents are of the genious status that we all believe they are, then the Patent owners deserve to be paid for the use of this IP. Period.

What is the Wheel and Water worth? Our patents have been called both.

GLTA