Will High Court Change Burden Of Proving Invalidity?

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.”[1]

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...
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