Obviousness Of Enantiomers After KSR

Law360, New York (February 6, 2009, 12:00 AM EST) -- The full impact on different technological areas of the Supreme Court's decision in KSR Int’l Co. v. Teleflex Inc. ("KSR") has yet to be felt.[1]

The KSR court rejected the Federal Circuit's "rigid approach" to obviousness in favor of a more "expansive and flexible" approach where "[i]f a person of ordinary skill can implement a predictable variation, § 103 likely bars its patentability."[2]

While KSR involved a patent claim directed to a mechanical invention, its reasoning will likely have wide-ranging impact in those technical areas where...
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