E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Enter your email address:

Delivered by FeedBurner

Contact the Docs

Docs on Twitter


About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.

Disclaimer

  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.

  • Law Blogs

Become a Fan

« USPTO Proposes Change to PTA Provisions Regarding Appellate Review | Main | USPTO Proposes Rules Changes for Implementing AIA Provisions -- Miscellaneous Post Patent Provisions »

January 10, 2012

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451ca1469e20162ff604907970d

Listed below are links to weblogs that reference Celsis In Vitro, Inc. v. Cellzdirect, Inc. (Fed. Cir. 2012):

Comments

Kevin,

In my opinion, SCOTUS' opinion in KSR International is disaster for determining obviousness/non-obviousness. Instead of relying upon the language of Section 103, as construed by the Federal Circuit, SCOTUS goes off on a "frolic and detour" of its own by injecting terms like "market pressure" and "common sense" that don't appear in Section 103 into the obvious/unobvious equation. As you correctly point out, that simply leads to subjective (not objective) determinations. If the "objective" TSM test was too rigidly applied by the Federal Circuit in KST International, then SCOTUS' subjective "I know it when I see it" test is even worse.

The comments to this entry are closed.

September 2014

Sun Mon Tue Wed Thu Fri Sat
  1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30