Fed. Circ. Is Adhering To KSR Obviousness Guideposts

Law360, New York ( September 8, 2015, 5:43 PM EDT) -- It has now been more than eight years since the U.S. Supreme Court decision in KSR International Co. v. Teleflex Inc., rejecting what it characterized as the Federal Circuit's "rigid approach" to obviousness challenges to patents claiming combinations of known elements.[1] As part of the decision, KSR rejected the Federal Circuit's limitation of the "problem" that could give rise to motivation to combine references in an obviousness analysis to the "problem" the inventor was trying to solve.[2] Instead KSR held that "any need or problem known in the field of endeavor at the time of invention" can provide a motivation for the claimed combination.[3] This article identifies the KSR guideposts for defining and using the problem that can motivate the combination of references in an obviousness analysis and discusses the Federal Circuit's application of those guideposts....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!