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Rejected petition cites failure to apply KSR

Kyle Siskey, New York

The US Supreme Court has decided not to hear a dispute between Capital Machine and Miller Veneers, two Indianapolis-based veneer companies, in which the Federal Circuit failed to apply KSR v Teleflex in its judgment in an interference matter

Oblon Spivak McClelland Maier & Neustadt lawyers Rob Nissen and Charles Gholz, who represented Miller Veneers, argued in their petition that the Federal Circuit failed to properly apply the Supreme Court’s formulation of obviousness laid down in KSR.


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