Publication Date
2008
Abstract
In its 2007 KSR v. Teleflex decision, the Supreme Court permitted KSR International Co. to manufacture an adjustable gas pedal in spite of a competitor's patent. The ruling struck down the Federal Circuit's test to determine whether a patent is obvious and thereby invalid. Since the decision, there has been speculation about how much, if at all, the Supreme Court's decision changed patent validity standards,and particularly about how the decision will influence pharmaceutical patenting. This Note examines the impact KSRv. Teleflex may have on the pharmaceutical industry. Pharmaceutical patenting laws and early court decisions applying the reasoning of KSR v. Teleflex to drug patents are reviewed, followed by an analysis of whether substantial changes in drug patenting and litigation are likely in the short and long term.
Recommended Citation
Renbarger, Diane C.
(2008)
"Putting the Brakes on Drugs: The Impact of KSR v. Teleflex on Pharmaceutical Patenting Strategies,"
Georgia Law Review: Vol. 42:
No.
3, Article 7.
Available at:
https://digitalcommons.law.uga.edu/glr/vol42/iss3/7