Supreme Court Hears Its Most Significant Patent Case in 40 Years:
KSR v. Teleflex

November 28, 2006 /PRNewswire/ -- The United States Supreme Court heard oral arguments in KSR v. Teleflex, Case No. 04-1350, today. Widely viewed as the most important patent case in 40 years, it addresses the fundamental question of when an invention is "obvious" and therefore not patentable, a question that may affect the viability of millions of patents valued at many tens of billions of dollars.

Tom Goldstein of Akin Gump Strauss Hauer & Feld LLP, counsel of record for Teleflex, argued the case and stated, "The Court was clearly very engaged and attentive to each side's arguments. Our concerns for the stability of the patent system and the need to encourage innovation were well received. We look forward to the Court's ruling."

Robert Greene Sterne and Kenneth C. Bass, III of Sterne, Kessler, Goldstein & Fox P.L.L.C. are Supreme Court co-counsel in the case. Sterne remarked, "The implications of this case to the patent system are huge. It could impact millions of U.S. patents currently in force and over 700,000 patent applications currently being examined by the PTO."

Bass added, "The 'obviousness' issue is the touchstone for the validity of all United States patents. Everyone is watching this case very closely."

The attorneys are available to the media. Please contact them directly at the numbers listed below or make arrangements by calling:

Elizabeth Lampert on behalf of Akin Gump Strauss Hauer & Feld, at 925-932-4420 or elizabethlampert@elizabethlampertpr.com

Kathryn Holmes Johnson, Publicist, Sterne, Kessler Goldstein & Fox, at 301-908-8116 or kholmesj@skgf.com

The Attorneys:

Thomas C. Goldstein (cell 202-674-7594)

Mr. Goldstein heads Akin Gump's Supreme Court practice and teaches Supreme Court litigation at Stanford Law School and Harvard Law School. The National Law Journal recently named Tom one of the nation's 100 most influential lawyers. In the Supreme Court and elsewhere, Mr. Goldstein has briefed and argued cases spanning a broad array of federal law questions – including both constitutional and statutory issues – for corporate, governmental and individual clients. He has argued 16 cases before the Supreme Court, winning four straight, three by five-justice majorities. More information on Mr. Goldstein and a link to his blog devoted to the Supreme Court, SCOTUSblog, is available online. Click here

Robert Greene Sterne (cell 202-256-7997)

Mr. Sterne specializes in intellectual property issues in the electronics, computer, telecommunications, Internet, e-commerce and business method technology areas. With advanced technical training in electronics from Tufts University, he has over 28 years of legal experience in all aspects of IP including strategic planning, protection, licensing and litigation. He is internationally recognized as an expert on software and business method patents, having been the lead attorney for IBM in the Federal Circuit test case that led to the USPTO Software Patent Guidelines. More information on Mr. Sterne and his published articles are available online. Click here

Kenneth C. Bass, III (cell 571-436-3176)

Mr. Bass began his legal career clerking for Justice Hugo Black of the Supreme Court. In the past 30 years, he has briefed and argued cases in federal and state courts across the country. He was the principal author of the petitioner's brief in Wal-Mart v. Samara, where the Supreme Court unanimously reversed the Second Circuit and established a significant principle for trade dress protection. He was also a principal author of AWH's brief in Phillips v. AWH that involves reconsideration of all of the significant principles of patent claim construction. More information on Mr. Bass and his published articles are available online. Click here

About The Firms:

Akin Gump Strauss Hauer & Feld LLP

Recognized for its sophisticated clients and capabilities, Akin Gump Strauss Hauer & Feld LLP is a leading international law firm dedicated to providing innovative legal services to individuals and institutions. Founded in 1945, the firm has grown to be among the world's largest, with more than 900 lawyers in 15 offices representing regional, national and international clients in more than 50 practice areas.

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Strategists and Advisors specializing in the protection, transfer and enforcement of Intellectual Property Rights. Founded in 1978 and based in Washington, D.C., the firm has over 100 patent attorneys, agents and technical specialists representing a broad range of clients, including emerging and established companies, venture capital firms, universities and select individuals. On the web at www.skgf.com.

A decision on the case is expected in February or March of 2007.

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