We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Obviousness Of Enantiomers After KSR

Law360 (February 6, 2009, 12:00 AM EST) -- The full impact on different technological areas of the Supreme Court's decision in KSR Int’l Co. v. Teleflex Inc. ("KSR") has yet to be felt.[1]

The KSR court rejected the Federal Circuit's "rigid approach" to obviousness in favor of a more "expansive and flexible" approach where "[i]f a person of ordinary skill can implement a predictable variation, § 103 likely bars its patentability."[2]

While KSR involved a patent claim directed to a mechanical invention, its reasoning will likely have wide-ranging impact in those technical areas where...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.