Understanding The Effects Of In Re Kubin

Law360, New York (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...
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