Thanks for the link, but look again: it says those two tests survive in addition to the traditional TSM test. As for the last question, there's always a risk o

Thanks for the link, but look again: it says those two tests survive in addition to the traditional TSM test. As for the last question, there's always a risk of an issued patent being thrown out for obviousness when one tries to litigate it. I wouldn't think this changes that much (although the KSR decision, on which this is based, might have changed it).