Today in Apple, Inc. v. Samsung Electronics Co., Ltd, __ F.3d __ (Fed. Cir 2016)(en banc)(Moore, J.), amidst 107 pages of slip opinions with separate dissenting opinions from each of Prost, C.J., Dyk, J. and Reyna, J. (and a concurrence in the result, without opinion, by Hughes, J.), the Court issued a multi-faced decision on a variety of issues.
Whither KSR: An issue with perhaps the best chance for grant of certiorari review is contained in the twenty-seven page dissent of Dyk, J., who argues that the majority opinion is in conflict withKSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398 (2007).
The dissent by Judge Dyk is attached.