Isn't It Obvious? How Klein's Definition of Analogous Prior Art Conflicts with the Supreme Court's Vision for Obviousness

Author:Samantha M. Rollins
Position:J.D. Candidate, The University of Iowa College of Law, 2013
Pages:1377-1397
SUMMARY

The Supreme Court has, in recent years, emphasized the importance of retaining fact-based inquiries in determining a patent’s validity over the use of bright-line tests developed by the Federal Circuit. In light of the Supreme Court’s trend, the recent Federal Circuit decision In re Klein presents a surprising insistence on maintaining rigid rules-based tests in the doctrine of analogous prior... (see full summary)


FREE EXCERPT
View next page