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...
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