About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

4 Nanotech. L. & Bus. 293 (2007)
KSR International Co. v. Teleflex Inc.: Another Small Issue for Nanotechnology

handle is hein.journals/nantechlb4 and id is 301 raw text is: KSR International Co. v. Teleflex Inc.: Another Small Issue for Nanotechnology? MATTHEW J. DOWD*, KENNETH C. BASS III* and ROBERT GREENE STERNE*** ABSTRACT During this past year, nanotechnology companies and inventors have witnessed several important decisions concerning United States patent law. Perhaps the most significant is the U.S. Supreme Court's decision in KSR International Co. v. Teleflex Inc., which attempted to redefine the standard for determining whether an invention satisfies the nonobviousness requirement. In this article, two attorneys involved with that case, Kenneth C. Bass III and Robert Greene Sterne, and patent agent Matthew J. Dowd discuss the potential impact of the Supreme Court's decision on nanotechnology. Every inventor, company, and patent attorney involved with nanotechnology should want to know if and how the Supreme Court changed the bar to patentability for nanotech inventions. I. INTRODUCTION On April 30, 2007 the Unites States Supreme Court decided KSR International Co. v. Teleflex Inc.,' perhaps the most closely watched patent case in the past forty years. The issue in KSR concerned the correct standard for determining whether a new invention is sufficiently inventive, or nonobvious, compared to what is known already. What the Court actually decided is debatable and discussed further below. Nevertheless, the decision produced much commentary from the patent community, as well as from the broader business community. The volume of commentary is indicative of the importance of the case, which will affect, to one degree or another, patents across all technologies. * Matthew J. Dowd is a registered patent agent at Sterne, Kessler, Goldstein & Fox P.L.L.C. He is also a J.D. student at The George Washington University Law School. He can be reached at mdowd@skgf.com. ** Kenneth C. Bass III is of counsel at Steme, Kessler, Goldstein & Fox P.L.L.C. He was co-counsel for the respondent in KSR International Co. v. Teleflex Inc. He can be reached at kbass@skgf.com. ** Robert Greene Steme is a director at Sterne, Kessler, Goldstein & Fox P.L.L.C. He was co-counsel for the respondent in KSR International Co. v. Teleflex Inc. He can be reached at rsteme@skgf.com. This article reflects the present thoughts of the authors and should not be attributed to Sterne, Kessler, Goldstein & Fox P.L.L.C. or any of its former, current, or future clients. 1 KSR Int'l Co. v. Teleflex Inc., 127 S. Ct. 1727 (2007). NANOTECHNOLOGY LAW & BUSINESS • FALL 2007

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most