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IP News

By Compiled by Eric Agovino

Supreme Court Grants Certiorari Review of Obviousness Doctrine

On June 26, 2006, the U.S. Supreme Court granted certiorari and will review the decision in Teleflex, Inc. v. KSR Int'l Co., 119 F. App'x 282 (Fed. Cir. 2005). In Teleflex, the Federal Circuit vacated the grant of summary judgment, finding that the district court incorrectly applied its 'teaching-suggestion-motivation' test. According to the Fe-deral Circuit, the district court failed to make factual findings showing the ”specific understanding or principle within the knowledge of a skilled artisan that would have motivated one with no knowledge of [the] invention to make the combination in the manner claimed.” Id. at 289 (quoting In re Kotzab, 217 F.3d 1365, 1371 (Fed. Cir. 2000).

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