The Legal Intelligencer Publishes Akin Gump Article on Determining Invalidity for Obviousness
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Dianne Elderkin, a partner in the intellectual property practice at Akin Gump, and associates Jonathan Underwood and Andrew Schwerin have written the article “Dueling Frameworks for Analyzing Patent Obviousness,” which was published in The Legal Intelligencer. The article examines the question of how a court should determine whether a patent claim is invalid for obviousness.
Elderkin, Underwood and Schwerin write that judges tend to answer the question “principally in two different ways, and that the difference matters to the outcome of the inquiry.” Due to the different approaches being employed by the Federal Circuit, the authors write that “patentees and challengers litigating obviousness face uncertainty.” Until those issues are resolved, they advise that litigants who prevail on obviousness at trial “should be prepared to argue their case under both approaches on appeal.”
To read the full article, please click here.
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