Will High Court Change Burden Of Proving Invalidity?
August 1, 2008, 12:00 AM EDT
Law360, New York (August 1, 2008, 12:00 AM EDT) -- Near the end of its landmark opinion addressing the law of obviousness in KSR International Co. v. Teleflex Inc., the Supreme Court declined to reach an intriguing question: whether the “failure to disclose” prior art references during prosecution of patent applications “voids the presumption of validity given to issued patents.”
The Court very well may answer this question soon. Microsoft Corporation, relying in part on language in the KSR opinion, recently filed a petition for a writ of certiorari asking the Court to resolve a similar...