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Expert Analysis

Sorting Out Single-Reference Obviousness At Fed. Circ.

By Andrew Bramhall and Bill Margeson (January 22, 2018, 1:29 PM EST) -- When the U.S. Supreme Court handed down its decision in KSR International Co. v. Teleflex Inc., it reframed and reoriented the test for patent validity under 35 U.S.C. § 103. Justice Anthony Kennedy, writing for a unanimous court, rejected the Federal Circuit's "rigid approach" and emphasized the "expansive" and "flexible" nature of the analysis through which courts were to answer the question of whether a claimed invention was obvious.[1] Ten years later, the debate over KSR's application and significance continues, yet its repercussions for patent litigation are apparent, at least in empirical terms.[2]...

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