Subsequent Developments
The United States Court of Appeals for the Federal Circuit for many years ignored and refused to cite or follow the Black Rock decision. But the recent Supreme Court decision in KSR v. Teflex, which cited and followed Black Rock for the proposition that “a court must ask whether the improvement is more than the predictable use of prior art elements according to their established functions,” gave the Federal Circuit “forceful instruction” to change its approach. After the Supreme Court granted certiorari in the KSR case, the Federal Circuit began to defer to the Black Rock decision.
Read more about this topic: Anderson's-Black Rock, Inc. V. Pavement Salvage Co.
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