Patent Obviousness: KSR v. Teleflex INTELLECTUAL PROPERTY

The US Supreme Court has issued an opinion reversing the Federal Circuit's decision in Teleflex, Inc. v. KSR Int'l, 119 Fed. Appx. 282, 283 (Fed. Cir. 2005). The case concerns when a combination is "obvious," and reflects tension between the Federal Circuit's "motivation" test and a line of Supreme Court cases. This decision will change both the test applied by the US Patent and Trademark Office when deciding to grant a patent, and that applied by the US courts not only in deciding whether to grant summary judgment of invalidity but also in applying an "obviousness" standard after trial and on appeal.

Supreme Court Opinion
Parties' Briefs
Transcript of Oral Argument
WilmerHale Commentary
Amicus Briefs Supporting Petitioner
Amicus Briefs Supporting Respondents
Other Amicus Briefs

Parties' Briefs

Transcript of Oral Argument

WilmerHale Commentary

Amicus Briefs Supporting Petitioner

Amicus Briefs Supporting Respondents

Other Amicus Briefs

The US Supreme Court has issued an opinion reversing the Federal Circuit's decision in Teleflex, Inc. v. KSR Int'l, 119 Fed. Appx. 282, 283 (Fed. Cir. 2005). The case concerns when a combination is "obvious," and reflects tension between the Federal Circuit's "motivation" test and a line of Supreme Court cases. This decision will change both the test applied by the US Patent and Trademark Office when deciding to grant a patent, and that applied by the US courts not only in deciding whether to grant summary judgment of invalidity but also in applying an "obviousness" standard after trial and on appeal.

Supreme Court Opinion
Parties' Briefs
Transcript of Oral Argument
WilmerHale Commentary
Amicus Briefs Supporting Petitioner
Amicus Briefs Supporting Respondents
Other Amicus Briefs

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