Non-Pioneering Technologies Beware

Law360, New York (October 22, 2007, 12:00 AM EDT) -- In KSR v. Teleflex (KSR), 550 U.S. __, 127 S.Ct. 1727 (2007), the Supreme Court restated the standard for obviousness that should be applied by finders of fact. The Supreme Court stated that the factors set forth in Graham v. John Deere, 383 U.S. 1 (1966), should form the primary bases for making a determination of obviousness because they embody a more flexible approach.

In doing so, however, the court in KSR relegated the more recent, and relatively more pragmatic “teaching, suggestion or motivation” (TSM) test...
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