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KSR Int'l Co. v. Teleflex Inc. et al.: Supreme Court Clarifies Obviousness

By Matthew W. Siegal and Kevin C. Ecker

Part One of a Two-Part Series

Before the Supreme Court's April 30, 2007 decision in KSR Int'l Co. v. Teleflex Inc. et al., 127 S.Ct. 1727 (2007) virtually all patent attorneys were on the edge of their seats. The decision was a clear indication that the Supreme Court disfavored the current state of the law that had been developed by the Federal Circuit for determining whether a patent is invalid for obviousness under 35 U.S.C. '103. The Supreme Court pointed to numerous errors in the Federal Circuit decision and characterized as 'rigid,' 'formalistic,' 'narrow,' 'constricted,' and 'flaw[ed]' the Federal Circuit's requirement that there be proof the claimed combination of elements was arrived at due to a teaching, suggestion, or motivation to combine features from prior art references. Id. at 1739, 1741-42. Instead, the Supreme Court imposed a more flexible approach that sought to emphasize its earlier decisions on obviousness over tests the Federal Circuit had developed to apply the law set forth in those decisions.

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