Grüneberg and Myers - Intellectual Property Law


News and Recent Developments

Objective Indicia of Nonobviousness Must Be Considered

Dr. Richard Chinn, reports

In American Innotek, Inc v. United States, the Fed. Cir., in a nonprecedential and case-specific decision, rejected the Court of Federal Claims suggestion of the existence of a categorical rule that objective indicia, no matter how indicative of non-obviousness they are, cannot overcome a strong showing of obviousness and restated that objective indicia of nonobviousness must be considered in every case where present. 

Richard Chinn