Refining The Standard For Analogous Art

Law360, New York (April 26, 2011, 1:19 PM EDT) -- The Federal Circuit has refined the standard for what constitutes Section 103 analogous art in Innovention Toys LLC v. MGA Entertainment Inc.[1]

In an opinion by Judge Alan Lourie, the court held that references outside of an applicant's field of endeavor are still reasonably pertinent, and therefore analogous art, if they have the same purpose as that of the claimed invention. This decision may well increase the amount of prior art assertable against a patent holder or applicant.

This case involves an obviousness challenge to Innovention’s...
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