Fed. Circ. Limits 'Common Sense' In Obviousness Analysis

Fed. Circ. Limits 'Common Sense' In Obviousness Analysis

Sep 09, 2016

Article

Law360, September 9 2016

On Aug. 10, 2016, the Federal Circuit tightened the usage of common sense and in doing so clarified the criteria for applying it in an obviousness determination. Arendi SARL v. Apple Inc., Google Inc., Motorola Mobility LLC, 2016 WL 4205964, at *4 (Fed. Cir. Aug. 10, 2016). The narrowing of the application of common sense could be taken as a response by the Federal Circuit to limit the number of claims invalidated by the Patent Trial and Appeal Board during post-grant reviews.

Click on PDF above to read entire article.

Meet The Team

Adam Yowell Of Counsel T 775.398.3803 ayowell@bhfs.com