Trying A Patent Validity Case In A Post-KSR World

Law360, New York (July 16, 2007, 12:00 AM EDT) -- On April 30, 2007, the U.S. Supreme Court issued its most recent patent decision: KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727 (2007), in which it rejected what it deemed had been a “rigid” and “narrow” test for determining the validity of a patent.

Following the decision, it was widely reported that the KSR opinion would render patents more prone to invalidity challenges on the basis of obviousness.

However, based on the author’s experience in a recent case, in which patent validity was raised...
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