Leapfrog V. Fisher-Price: Lessons Learned

Law360, New York (May 17, 2007, 12:00 AM EDT) -- In its first decision on obviousness since the Supreme Court’s KSR decision, the Federal Circuit provided some insight into how it will analyze obviousness in Leapfrog v. Fisher-Price.

Relying on “the common sense of those skilled in the art,” the court affirmed an obviousness finding based on combining two references, then adding another component that was “well-known in the art,” but not found in either reference. Leapfrog Enterprises Inc., v. Fisher-Price Inc., No. 06-1402, slip op. at 7, 10 (Fed. Cir. May 9, 2007).

At trial,...
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