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Kubin ruling extends KSR logic to biotech

Eileen McDermott, New York

The US Court of Appeals for the Federal Circuit last week ruled in a closely watched biotechnology case that an invention relating to the isolation and sequencing of a human gene was “obvious to try”

The case, In re Kubin, stems from an appeal of a 2007 USPTO Board of Patent Appeals and Interferences (BPAI) decision that applied the landmark Supreme Court ruling in KSR v Teleflex, which rejected the Federal Circuit's rigid teaching-suggestion-motivation (TSM)...

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