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KSR: The Song Remains the Same
As commentators jockey for position concerning the prospective impact of the Supreme Court’s decision in KSR Int'l Co. v. Teleflex, Inc., evidence is accumulating that as far as the federal circuit is concerned the song, indeed, remains the same.
Different sources report that two federal circuit judges have gone on record with comments indicating that the opinion of the Supreme Court will not require a significant reworking of federal circuit law.
Shortly after the Court issued its opinion, Chief Judge Michel gave an interview reported at LegalTimes.com indicating his view that the teaching, suggestion, or motivation test remains an important part of the federal circuit’s jurisprudence. Plus, as recently as yesterday, it is reported by the IAM Blog that Circuit Judge Rader told a public audience that the Supreme Court’s opinion did not work a “great change” to the jurisprudence and that the first federal circuit opinion that issued after the Supreme Court’s opinion issued, had actually been written before and “did not require one iota of change.”
The Federal Circuit’s first precedential opinion pertaining to obviousness and issued after KSR is Leapfrog Enterprises, Inc. v. Fisher-Price, Inc.
Posted by at May 25, 2007 3:55 PM in News & Commentary, Obviousness, Recent Cases | Permalink
