10 Years Of KSR: Using Secondary Considerations In IPR
By Clifford Ulrich, John Flock, Sushila Chanana and Jean DassieMay 3, 2017, 12:46 PM EDT
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.
Jean Dassie Use of secondary considerations to support an argument for nonobviousness is often an uphill battle due to a...