Saturday, October 02, 2010

KSR and the presumption of validity

Of the current discussion of the i4i case, TechDirt wrote:

However, I may have underestimated how much the tech and legal community would rally behind a key point in the appeal: the legal standard for invalidating a patent -- something the Supreme Court hinted it had trouble with way back in the famous KSR case.

The text in the KSR opinion about the presumption of validity/standard of review is

We need not reach the question whether the failure to disclose Asano during the prosecution of Engelgau voids the presumption of validity given to issued patents, for claim 4 is obvious despite the presumption. We nevertheless think it appropriate to note that the rationale underlying the presumption—that the PTO, in its expertise, has approved the claim—seems much diminished here.

See also

KSR: "the justices just did not seem to get it"


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