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As Time Goes By – Obviousness under the Judicial Microscope

January 9, 2007

NYIPLA Bulletin, November/December 2006

As our eighty-fifth annual Waldorf-Astoria dinner in honor of the Federal Judiciary approaches, we have an opportunity to reflect on statements made a decade ago, at the seventyfifth dinner, by two distinguished federal judges. Those statements appear to have a bearing on the current battle being waged between KSR and Teleflex in the Supreme Court over the proper methodology for determining obviousness of a claimed invention.

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