
Consider a Spherical Patent: IP and Patenting in Technology Business
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10.4.2 The IP space context
As we discussed in Chapter 8, in cases where the given technology is already
embodied in a commercial product, the IP space is almost always going to
include a substantial amount of close prior art. In the KSR case, the Court looked
at theIP space at the time when the Engelgau patent was issued and found that,
since the 1970s, plenty of prior art had been directed to pedals designed to have
an adjustable location in the footwell of a vehicle for the purpose of accommodat-
ing drivers of dierent sizes.
Two patents relating to adjustable pedals t ...