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Topic: How will KSR affect ongoing litigation? (Read 637 times) |
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Mitch
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How will KSR affect ongoing litigation?
« on: May 24th, 2007, 2:24pm » |
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Does anyone have any idea how KSR is affecting ongoing litigation? I'd guess that some judges might be granting new trials or even jmol, but haven't seen any instances of this happening. Does anyone know of any specific examples?
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Bill Richards
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Re: How will KSR affect ongoing litigation?
« Reply #1 on: May 24th, 2007, 6:28pm » |
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There are probably others, but you might check out Leapfrog v. Fisher-Price, CAFC. 06-1402.
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William B. Richards, P.E. The Richards Law Firm Patents, Trademarks, and Copyrights 614/939-1488
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Bill Richards
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Re: How will KSR affect ongoing litigation?
« Reply #2 on: May 31st, 2007, 3:56am » |
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I just found out recently the Leapfrog case was written before the KSR opinion was published. But, the CAFC had been less categorical in the TSM test since KSR was granted cert.
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William B. Richards, P.E. The Richards Law Firm Patents, Trademarks, and Copyrights 614/939-1488
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