KSR Leads To Increase In Obviousness Invalidations

Law360 (October 17, 2007, 12:00 AM EDT) -- The exact effects of the Supreme Court's KSR v. Teleflex decision are still being sorted out, but most attorneys agree that more obviousness arguments are being brought to invalidate patents, both in the courts and before the U.S. Patent and Trademark Office, and that more patents are in turn being invalidated on obviousness grounds.

According to Michael Belliveau, a partner at Clark & Elbing LLP, the U.S. Court of Appeals for the Federal Circuit has rendered 17 decisions that mentioned the KSR case, most of which...
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