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