Quantcast
Industry Cortex

Document Brief

Recent decisions mean big changes...

Photos by Robert P. Souther Edited by Anne Dorfman Reported by Cynthia Powers of Kaczynski Reporting...

Special Advertising Section...

decisions from the U.S. Supreme A number of recent Court and Court of Appeals for the...

We have seen a few cases involving complex chemical arts ... in which the courts have followed KSR right down the line and invalidated claims that might well have survived pre-KSR....

-Matt Becker...

Federal Circuit have led to substantial changes in patent litigation. We've invited six noted practitioners to give us the lay of the land. Joining us are Matt Becker, partner in Axinn, Veltrop & Harkrider in Hartford Tony Fitzpatrick, partner in Duane Morris in Boston Tucker Griffith, partner in McCormick, Paulding & Huber in Hartford Thomas C. O'Konski, partner in Cesari and McKenna in Boston Michael Rye, partner in Cantor Colburn in Hartford and Christopher P. Sullivan, partner in Robins, Kaplan, Miller & Ciresi in Boston....

MODERATOR How did the Supreme Court's decision in KSR v.Teleflex change the standard for determining whether a claimed invention is "obvious" and therefore not patentable FITZPATRICK In KSR the Supreme Court rejected the teaching-suggestion-motivation test that had previously been applied by the Federal Circuit.There are indications that the bar may now be somewhat lower for a defendant seeking to establish that a patent is obvious. MODERATOR What is the likely effect on patent litigation O'KONSKI It clearly will raise the incidence of motions for summary judgment based on obviousness.We as patent litigators will all, at one point or another, argue that it is common sense to combine prior art references to show that a claimed invention is obvious. RYE Everyone is going to look a little more closely at the possibility of an obvious finding before deciding to file suit. There will certainly be defendants who feel much more confident about their ability to defend a suit, and they may engage in litigation rather than very quickly taking a license. BECKER The practical effect is to give challengers of patents many more options and arguments to establish obviousness. As a result, patentees may elect not to assert patents that reflect smaller advances over the prior art. O'KONSKI The commissioner of patents has already indicated that KSR gives broader rein to patent examiners to combine references in rejecting claims based on their own knowledge of the prior art and technology underlyin...

Document Keywords

Patent Litigation Roundtable: Recent Decisions Mean Big Changes news static gcnewengland0508

Sponsored Products

About DUANE MORRIS LLP

Contact

2027767810

sponsored links