Fed. Circ. May Be Setting Stage For Big Obviousness Changes

Law360, New York (March 20, 2017, 1:23 PM EDT) -- Thomas King

Pranay Pattani Although nonobviousness is a core principle of our patent system, consistent application of the nonobviousness principle has proven difficult. Even judges of the Federal Circuit have a difficult time reaching consensus on how obviousness law ought to be applied in a given case. These difficulties were recently displayed in Apple Inc. v. Samsung Electronics Co. Ltd., an en banc decision reversing a panel decision. 839 F.3d 103, 1039 (Fed. Cir. 2016). The opinion is mostly notable because the Federal Circuit reversed the panel decision without permitting additional briefing, on the grounds relating to the substantial evidence standard....

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