Dianne Elderkin Jonathan Underwood

Dianne Elderkin Jonathan Underwood

May 11, 2018 | The Legal Intelligencer

Dueling Frameworks for Analyzing Patent Obviousness

How should a court determine whether a patent claim is invalid for obviousness? Recent Federal Circuit decisions reveal that judges answer that question principally in two different ways, and that the difference matters to the outcome of the inquiry.

By Dianne Elderkin, Jonathan Underwood and Andrew Schwerin

8 minute read