Stating the Obvious Gets Easier The Supreme Court's KSR Decision
William M. Atkinson and Joey H. Foxhall

The trend continues. The Supreme Court has once again reversed the United States Court of Appeals for the Federal Circuit on a bedrock issue of patent law. This time, in a ruling much anticipated by members of the patent bar, the Supreme Court sharply criticized the Federal Circuit’s application of the standard for obviousness under 35 U.S.C. § 103(a)—and in so doing may have called into question the validity/patentability of any number of existing patents and patent applications. The ramifications to businesses that rely upon innovation will be immediate and could be substantial.

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