We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Understanding The Effects Of In Re Kubin

Law360 (May 12, 2009, 12:00 AM EDT) -- The Federal Circuit, in In re Kubin, No. 2008-1184 (Fed. Cir. Apr. 3, 2009),[1] addressed the obviousness standard in the biotechnology sector after KSR.

The court ruled that KSR did apply to the unpredictable arts and that Kubin’s claim to a specific DNA sequence was obvious because it was “obvious to try” known methods to obtain the claimed sequence in view of a prophetic example describing how to use those methods to clone the sequence.[2]

The basic question revisited in Kubin was whether a DNA sequence...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.