Is A U.S. Patent More Difficult To Obtain After KSR?
December 5, 2007, 12:00 AM EST
Law360 (December 5, 2007, 12:00 AM EST) -- In what was hailed as a landmark case, the U.S. Supreme Court released the decision in KSR International Co v. Teleflex Inc (KSR) in April 2007. This decision was thought to be one that could have a significant impact on patent prosecution and infringement in the U.S., particularly in relation to the number of factors to be considered with regards to obviousness.
In this decision, the U.S. Supreme Court reinstated a District Court decision that dismissed a patent infringement action from Teleflex Inc relating to KSR’s...