don't tell anyone, it is a secret

Via IAM Blog (worth adding to the aggregator for IP types):

Speaking today at the second plenary session of the CIP Forum in Gothenburg, Sweden, Randall Rader, a judge who sits on the CAFC in Washington DC, revealed that he believed the recent KSR v Teleflex decision handed down by the Supreme Court would not lead to “great changes” in the way the Federal Circuit looks at obviousness. In fact, he told delegates that the judgment in the first CAFC decision on obviousness post-KSR had actually been written before the Supreme Court’s decision was handed down and “did not require one iota of change”. Make of that what you will.

KSR is going to prove more and more interesting as time goes on.  As a very vaunted commentator recently said, "All the patent practitioners went "Huh?" when the KSR decision was released."

Huh, indeed!



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