Non-Pioneering Technologies Beware

Law360 (October 22, 2007, 12:00 AM EDT) -- In KSR v. Teleflex (KSR), 550 U.S. __, 127 S.Ct. 1727 (2007), the Supreme Court restated the standard for obviousness that should be applied by finders of fact. The Supreme Court stated that the factors set forth in Graham v. John Deere, 383 U.S. 1 (1966), should form the primary bases for making a determination of obviousness because they embody a more flexible approach....

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