Nonobviousness Standards for Hardware and Software Before and After KSR: What is the Difference?

By Michelle Friedman Murray Excerpt from Nonobviousness Standards for Hardware and Software Before and After KSR: What is the Difference? , 93 J. Pat. & Trademark Off. Soc'y 259 (November 2011) I. Introduction Conventional wisdom holds that the bar for proving nonobviousness for software...

Secondary Considerations in Nonobviousness Analysis: The Use of Objective Indicia following KSR v. Teleflex

By Natalie A. Thomas* * J.D., 2011, New York University School of Law; Ph.D., 2008, New York University; B.S., 2003, Duke University. Excerpt from Secondary Considerations in Nonobviousness Analysis: The Use of Objective Indicia following KSR v. Teleflex, 86 N.Y.U.L. Rev. 2070 (December 2011) ...

Fitch, Even, Tabin & Flannery LLP: Federal Circuit Clarifies Procedure for Nonobviousness Analysis

By Calista J. Mitchell In a decision dated April 16, 2012, the Court of Appeals for the Federal Circuit issued an important ruling on obviousness analyses in patent litigation. In In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation , the Federal Circuit clarified that the...