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Journal of Intellectual Property Law & Practice Advance Access originally published online on April 17, 2009
Journal of Intellectual Property Law & Practice 2009 4(6):384-385; doi:10.1093/jiplp/jpp056
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© The Authors (2009). Published by Oxford University Press. All rights reserved.

Current Intelligence

Secondary considerations of non-obviousness must still be considered

Charles R. Macedo
Amster, Rothstein & Ebenstein LLP, New York, NY

Süd-Chemie, Inc. v Multisorb Technologies, Inc., S54 F.3d 1001, US Court of Appeals for the Federal Circuit, 30 January 2009

A US District Court erred in granting summary judgment of obviousness and in failing to consider secondary considerations of non-obviousness.

Correspondence: Email: cmacedo{at}arelaw.com

Charles Macedo is the author of The Corporate Insider's Guide to U.S. Patent Law, which is forthcoming from Oxford University Press in 2009.


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