Calif. Decision Clarifies Common-Sense Obviousness

Law360, New York (June 18, 2013, 12:01 PM EDT) -- A recent decision by the Central District of California further clarifies what may constitute "common sense" for use in obviousness determinations under 35 U.S.C. § 103. In an April 1 decision in DatCard v. Pacsgear, the court prescribed what a defendant can show to establish through common sense the existence of elements not explicitly found in prior art references.    

When the U.S. Supreme Court confronted the test for obviousness in KSR Int'l Co. v. Teleflex Inc., it made clear that an invention may be obvious if it...
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