KSR International: Death Of Motivation And Return To Flash Of Genius?

Law360, New York (October 20, 2006, 12:00 AM EDT) -- The Supreme Court will revisit obviousness in KSR International Co. v. Teleflex Inc., and decide the fate of the so-called “teaching, suggestion, or motivation” test applied by the Federal Circuit and its predecessor, the United States Court of Customs and Patent Appeals (CCPA), for over forty years. See Application of Bergel, 292 F.2d 955, 956-57 (C.C.P.A. 1961) (The prior art must contain “something to suggest the desirability of the proposed combination.”).

The petitioner wants the Court to abolish the motivation test and seems to argue for...
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