Prof. Christopher Turoski ’98 Files Amicus Brief Urging  U.S. Supreme Court to Take Important Case on Inventions

Professor Christopher Turoski ’98 submitted his petition as Amicus Curia to support petitioner Vanda Pharmaceuticals, in Vanda Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc., urging the Supreme Court to take the case. Turoski explained, “This case raises important issues on the obviousness standard used to invalidate patents.” The brief supports Vanda's petition that the lower court departed from historic and longstanding standards regarding whether an invention is obvious and provides a historical overview of obvious jurisprudence. 

The National Association of Patent Practitioners (NAPP) joined the brief. Rich Baker, president of NAPP, stated, "NAPP values a strong patent system. Professionals working in patent prosecution and their clients deserve certainty whether patents are valid or invalid due to obviousness.”

Ryan C. Morris of Workman Nydegger filed the brief and noted, “The Supreme Court has developed an obviousness standard over 150 years with Congress’s approval. The Federal Circuit, however, has struck out on its own. The time has come for the Supreme Court to correct the court of appeals and require the Federal Circuit to apply the non-obviousness of invention standard set forth by Congress and the Supreme Court.”