Topic
Obviousness
205 published works
Chicago IP Litigation
Pre-KSR Validity Verdict Upheld Under KSR Standard
Lexion Medical, LLC v. Northgate Techs., Inc., No. 04 C 5705, Slip Op. (N.D. Ill. Jun. 8, 2007).* Judge Rosenbaum (a visiting judge, who is the Chief Judge for the…
The Contingency
Federal Circuit Upholds Pre-KSR Obviousness Judgment
Today the Federal Circuit affirmed a bench trial judgment that the obviousness doctrine didn't invalidate patent claims relating to antidiabetic agents. Although the judgment predated KSR Int'l Co. v. Teleflex…
The IP Law Blog
Everything Old is New Again – – Not
By Audrey Millemann In its long awaited decision in KSR International Co. v. Teleflex, Inc., 127 S. Ct. 1727 (April 30, 2007), the United States Supreme Court has completely changed…
Intellectual Property Law Blog
Leapfrog v. Fisher-Price: CAFC Ushers In A “New” Era of Obviousness with A Croak
In Leapfrog Enterprises, Inc. v. Fisher-Price, Inc., 06-1402 (Fed. Cir. 2007) the Court of Appeals for the Federal Circuit’s (“CAFC”) first obviousness opinion since KSR Int’l Co. v. Teleflex Inc.,…
Boston ERISA & Insurance Litigation Blog
KSR, Patent Infringement and Obviousness
I don’t know how many people with an interest in ERISA litigation share my interest as well in patent and other intellectual property litigation, although I know from experience that…
Technology Law Source
Obvious Inventions: Teleflex and its Impacts
By Laurie N. Jacques: The Supreme Court’s decision in KSR v. Teleflex makes it easier to show that an invention is obvious. This case is likely to result in changes in…
Chicago IP Litigation
First Post-KSR Fed. Cir. Obviousness Analysis
Leapfrog Enterprises, Inc. v. Fisher-Price, Inc., No. 06-1402, Slip Op. (Fed. Cir. May 9, 2007). The Federal Circuit issued its first opinion analyzing an obviousness determination based upon the Supreme…
Chicago IP Litigation
New KSR Obviousness Standard Resource
The Fire of Genius has just started an excellent KSR obviousness resource. At this page, the Fire of Genius is keeping a running tally of all cases dealing with obviousness…
Chicago IP Litigation
Obviousness Redux: Arm-chair Quarterbacking KSR v. Teleflex
KSR v. Teleflex, 550 U.S. __ (2007). A unanimous Supreme Court rolled back the Federal Circuit's teaching, suggestion or motivation obviousness test in favor of the Court's prior, and substantially…
Intellectual Property Law Blog
Supreme Court Rules on “Obviousness” and Infringement for Export of Patented Components
On Monday, April 30, 2007, the Supreme Court issued two widely anticipated decisions on patent law – KSR International Co. v. Teleflex Inc. and Microsoft Corp. v. AT&T Corp. KSR…