The Grim Outlook For Business Method Patents

Law360, New York (December 9, 2008, 12:00 AM EST) -- Many people understand Muniauction Inc. v. Thomson Corp., 532 F.3d 1318 (Fed. Cir. 2008) to stand for the proposition that inventions are per se obvious if they merely involve placing a prior-art system on the Internet.

The case may be more important, however, in validating the opinions of those who believed KSR International Co. v. Teleflex Inc. 127 S. Ct. 1727 (2007) would usher in an era of judicial activism in the obviousness area.

Using Muniauction as a lodestar, judges will likely feel freer to find...
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