Tag: obviousness

The Federal Circuit's New Obviousness Jurisprudence: An Empirical Study

Jason Rantanen

In 2007, following the Supreme Court’s first opinion addressing obviousness in the Federal Circuit era of patent law, Rebecca Eisenberg and Harold Wegner, two of the most prominent voices in patent law, offered competing predictions about the effect KSR International Co. v. Teleflex, Inc. would have on the Federal Circuit’s obviousness jurisprudence. Seeing KSR as part of a broader admonishment against the use of rigid rules rather than providing any substantive guidance, Eisenberg foresaw a future in which KSR changed what the Federal Circuit said about obviousness but not what it did.... Read more about The Federal Circuit's New Obviousness Jurisprudence: An Empirical Study