Technology Licensing Corp. v. Gennum Corp. (PDF) Magistrate Judge Seeborg Decided May 4, 2007 Technology Licensing sued Gennum for patent infringement. After trial, Gennum raised the issue of obviousness. There was little evidence on the issue and the record was Ã¢â?¬Å?underdeveloped.Ã¢â?¬Â? Presumably, Gennum thought KSR might have lowered the standard far enough that it could pull out a victory post trial. In a footnote, Magistrate Judge Seeborg opines that KSR
[M]ay have thereby generally lowered the bar for alleged infringers attempting to establish obviousness. 2007 U.S. Dist. LEXIS 35521, at *65 n.38.
To see a great compilation of follow-on KSR cases, including BPAI opinions, go to The Fire of GeniusÃ¢â?¬â?¢s Post-KSR Resource Page. It is still too early to tell how much KSR changed the obvious landscape, but there is some pretty juicy language that will likely show up in numerous motions as we continue forward.