10 Years Of KSR: Using Secondary Considerations In IPR

Law360, New York (May 3, 2017, 12:46 PM EDT) -- Sunday marked 10 years since the U.S. Supreme Court issued its ruling in KSR International Co. v. Teleflex Inc., rejecting the test that was used by the U.S. Patent and Trademark Office, patent attorneys and district courts for determining if a patent is too obvious. This weeklong Law360 Expert Analysis series explores the decision's effect on obviousness analysis and the patent landscape.

Clifford Ulrich

John Flock

Sushila Chanana

Jean Dassie Use of secondary considerations to support an argument for nonobviousness is often an uphill battle due to a failure to establish a nexus between secondary considerations and the claimed invention, and this trend...

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