Tuesday, November 18, 2008

KSR did not change the law of obviousness such that invalidating prior art was not material as of the application date

"While KSR [Int’l Co. v. Teleflex, Inc., 127 S.Ct. 1727 (2007)] may have changed the manner in which the Federal Circuit’s teaching, suggestion, motivation test is applied, the Federal Circuit has stated, on numerous occasions, that it did not announce a new rule of law. . . . Consequently, the court does not believe that the materiality analysis is affected."

B K Lighting Inc. v. Vision3 Lighting, 2-06-cv-02825 (CACD November 14, 2008, Order)

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