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Prior Art Common Sense Exception

Jones Day

Not So Common Sense? Reliance on Common Sense to Establish Obviousness

Jones Day on

In KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007), the Supreme Court stated that “common sense” can be considered in reaching a conclusion that a claimed invention is obvious. Since then, both litigants and patent...more

McDermott Will & Emery

Generalized Common Sense Allegations Cannot Be Used to Supply Important Missing Claim Limitation

McDermott Will & Emery on

Addressing the use of common sense for an obviousness analysis, the US Court of Appeals for the Federal Circuit held that conclusory statements about common sense cannot be used to supply missing claim limitations that play a...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Emphasizes that an Obviousness Analysis Based on Common Sense Must be Supported by Substantial Evidence and...

A recent decision by the Federal Circuit suggests that relying on “common sense” in analyzing whether a patent is obvious in view of prior art cannot always be based on common sense alone. In a decision providing...more

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