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
Altitude Capital Partners, Expanse Networks, Inc., Inflexion Point Strategy, LLC, Interdigital Communications Corp., IPOtential, LLC, Ocean Tomo, LLC, and Onspec Electronic Inc. Fallbrook Technologies, Intellectual Ventures, Ellsworth International Inc., GE02 Technologies, Inc., Mobile Productivity, Inc., Composite Technology International, Inc., Skyler Technology, Inc., Private Management, Inc., Technology, Patents & Licensing, Inc., and Lucere Data Inc. - Wisconsin Alumni Research Foundation, Regents of the University of California, Board of Regents of the University of Texas System, Washington Research Foundation, Science and Technology Corporation @ UNM, Rensselaer Polytechnic Institute, and Research Corporation Technologies, Inc.
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
Read More