Has the Federal Circuit Said Enough to Save Its “Motivation, Teaching, Suggestion” Test?

Law360, New York (November 6, 2006, 12:00 AM EST) -- On January 6, 2005, the Federal Circuit issued Teleflex Inc. v. KSR International Co., 119 Fed.Appx. 282, 288 (Fed. Cir. 2005), a seemingly innocuous opinion authored by Judge Schall and designated under Federal Circuit Rule 47.6 as “not citable as precedent.”

The decision vacated a grant of summary judgment of invalidity based on obviousness on the grounds that the district court had not made sufficient findings to support such a determination and thus genuine issues of material fact remained.

It remanded the case to the district...
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