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Bayer Schering Pharma AG v. Barr Laboratories, Inc. (Fed. Cir. 2009)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

Common Sense, Perhaps, But Whose? By Kevin E. Noonan -- The Supreme Court in KSR International Co. v. Teleflex Inc. established a standard (such as it is) of "common sense" in evaluating whether an invention is obvious. If the Court had been careful to follow the statute, it might have stressed more carefully that the answer to the question "whose common sense" must be the person of ordinary skill in the art. Perhaps it was the contempt they obviously felt for the invention at issue -- an electronic controller for adjusting the position of a gas pedal in a vehicle...

Full post as published by Patent Docs on August 10, 2009 (boomark / email).