Post-KSR Case Law: The Sky Is Not Falling

Law360, New York (July 15, 2008, 12:00 AM EDT) -- When the U.S. Supreme Court addressed the obviousness standard in KSR Int’l Co. v. Teleflex Inc., 127 S. Ct. 1727 (2007), many commentators and practitioners questioned whether the Court had made it easier to invalidate issued patent claims or deny patent protection in the U.S. Patent and Trademark Office.

For a little over a year since the KSR decision, the Court of Appeals for the Federal Circuit has had an opportunity to provide additional guidance for practitioners and their clients. This article addresses the post-KSR case...
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