High Court Ruling Shakes Up Obviousness Test

Law360, New York (April 30, 2007, 12:00 AM EDT) -- The Supreme Court on Monday issued a much-anticipated ruling in the KSR International Co. v. Teleflex Inc. patent dispute, reversing the Federal Circuit’s decision that in turn reversed a district court ruling finding a Teleflex patent invalid due to obviousness.

At the center of the case is the test used by the Federal Circuit to gauge if a patent is too obvious: the "teaching-suggestion-motivation" test, called TSM. The test is used to prove that a person of ordinary skill in a given industry would combine earlier...
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