WOW Red you have that right! The patents-in-suit were approved by the PTO, survived a jury trial and the district court’s post-trial review, and withstood four reexaminations before the PTO. Pet. at 2. Yet, after years of diligent pursuit of property rights, and millions of dollars expended, the validity of the patents-in-suit somehow came down to nothing more than whether two circuit judges believed the asserted claims were obvious based on their own notions of “common sense.” No one’s property rights should be wiped away by an arbitrary legal regime that strikes with all the predictability of a lightning bolt.
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