Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Companies accused of patent infringement often ask “How did they get a patent on that? It is so obvious.” The reality is that most modern patents are nothing more than a combination of known elements assembled in a novel—or not so novel—manner. The challenge for accused infringers is how to prove that the claimed combination of elements was known to those skilled in the art. The “smoking gun” in such cases is a single prior reference that discloses the exact same combination, but such smoking guns are all too rare. Accused infringers are thus often forced to argue that the patented combination would have been obvious to others using only the ordinary skill of those in the field. Practitioners generally agree that since the U.S. Supreme Court’s ruling in KSR v. Teleflex (2007), proving obviousness has become easier, because KSR eliminated any rigid formula for proving obviousness and placed renewed emphasis on the problems being solved and the use of plain common sense. KSR’s looser framework, however, can also create a trap for the unwary who fail to gather the proof needed to satisfy even the looser standards set forth in KSR. Awareness of these traps, and how to avoid them, is essential to the successful litigant.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.