Anticipate This!™ | Patent and Trademark Law Blog

KSR Aftermath: Not One Iota of Change at the CAFC?

Posted in Practice Commentary by Jake Ward on May 25, 2007

According to this article at Intellectual Asset Magazine, as first pointed out over at Patently-O and the Patent Prospector, CAFC Justice Rader has apparently “revealed that he believed the recent KSR v. Teleflex decision handed down by the Supreme Court would not lead to “great changes” in the way the Federal Circuit looks at obviousness.”  In fact, he told delegates of the recent CIP Forum in Sweden that “the judgment in the first CAFC decision [LeapFrog Enterprises Inc v Fisher-Price Inc] on obviousness post-KSR had actually been written before the Supreme Court’s decision was handed down and ‘did not require one iota of change’.”

JW Note:  Is the CAFC apparently unconcerned about the effects of KSR because the CAFC had already adjusted their framework for obviousness analyses in anticipation of the ruling (See, e.g., Dystar Textilfarben GMBH & Co Deutschland KG v. C.H. Patrick, Co., et al.Alza Corporation v. Mylan Laboratories, Inc., et al., and Ormco Corporation, et al. v. Align Technology, Inc. etc)?

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