Fed. Circ., KSR and Pharmas: The First Year And A Half

Law360, New York (December 11, 2008, 12:00 AM EST) -- The Supreme Court’s landmark decision in KSR Int’l Co. v. Teleflex Inc. (“KSR”), 550 U.S. 398, 127 S. Ct. 1727 (2007), was expected to have a significant impact on patent litigation.

In KSR, the Court reversed a decision of the Federal Circuit that it characterized as having applied too mechanistically the role of “teaching, suggestion, motivation” (“TSM”) in the prior art to combine references, to the exclusion of other factors. 127 S. Ct. at 1739-43.

Thus, while TSM should not be abandoned, it must not become...
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