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Court Rejects Patent as Obvious Following KSR

The Federal Circuit's first stab at applying a recent Supreme Court patent ruling suggests that the specialized court has bowed to a command from above to more vigorously weed out bad patents granted to obvious inventions.

Nine days after the Supreme Court slammed the Federal Circuit's track record of upholding too many patents on inventions that aren't truly innovative, the Court of Appeals dutifully applied a more "flexible and expansive" approach to evaluating obviousness, as the High Court mandated in its April 30 landmark decision in KSR v. Teleflex.

"Indeed, the common sense of those skilled in the art demonstrates why

some combinations would have been obvious where others would not," Judge Lourie echoed.

staff Writer

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