Advisories
Supreme Court Reasserts Its Authority over Patents in KSR Case
May 2007
The Supreme Court unanimously clarified the legal standard for the obviousness invalidity defense on April 30, 2007. In the case of
KSR Int’l Co. v. Teleflex Inc., the Court refined the test for determining whether prior art references may properly be combined to find a patent claim obvious. This holding has ramifications for both patent prosecution and litigation.