In 2007 the Supreme Court reversed three patent cases from the Court of Appeals for the Federal Circuit. The three cases were MedImmune, Inc. v. Genentech, Inc. (holding a patent licensee does not have to breach a license agreement before seeking declaratory judgment that the underlying patent is invalid, unenforceable, or not infringed), Microsoft Corp. v. AT&T Corp. (holding Microsoft did not supply a component of an invention from the United States that had the possibility of infringing under the Patent Act), and KSR International Co. v. Teleflex Inc. (holding the requirement of non-obviousness under the Patent Act is analyzed under an expansive and flexible test). The article examines these three decisions and the possible effects these decisions will have on patent law in the future. The author explains that the balance has been tipped by the Court away from a pro-patent perspective towards a pro-innovation approach, which is necessary in the fast-paced, high-technology global business environment.
Sue Ann Mota,
Meddimmune, Microsoft, and KSR: The United States Supreme Court in 2007 Tips the Balance in Favor of Innovation in Patent Cases, and Thrice Reverses the Federal Circuit,
12 Marq. Intellectual Property L. Rev. 89
Available at: http://scholarship.law.marquette.edu/iplr/vol12/iss1/3