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

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