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- Title
JUDGES ARE ABUSING THEIR AUTHORITY TO DETERMINE OBVIOUSNESS BY APPLYING KSR WITHOUT CHANGING THE LEGAL STANDARD OF REVIEW.
- Authors
Murphy, Colleen
- Abstract
In this article the author discusses the discretion of judges in deciding the obviousness of patent's authenticity and the use of the Supreme Court's patent case decision involving KSR International Co. in the U.S. The author defines the requirements to acquire a patent and examines the setbacks encountered by the lower courts in employing KSR ruling without altering the legal standard of review. The author claims that judges are abusive of their power when determining a patent's validity.
- Subjects
UNITED States; JUDGES; ATTITUDES of judges; PATENTS; KSR International Co. v. Teleflex Inc. (Supreme Court case); UNITED States. Supreme Court; DISCIPLINE
- Publication
University of Cincinnati Law Review, 2010, Vol 79, Issue 1, p349
- ISSN
0009-6881
- Publication type
Opinion