Anticipate This!™ | Patent and Trademark Law Blog

A Supreme Issue of Obviousness.

Posted in General Commentary by Jake Ward on July 8, 2006

With the recent granting of a petition for a writ of certiorari to the Supreme Court in KSR v. Teleflex, the issue of what constitutes obviousness under 35 U.S.C. § 103 is again, for better or worse, in the hands of our nation’s highest court.

Accordingly, I plan to dedicate the next few posts to the background surrounding KSR v. Teleflex and the question presented before the court, namely:

“Whether the Federal Circuit has erred in holding that a claimed invention cannot be held ‘obvious’ . . . in the absence of some proven ‘teaching, suggestion, or motivation’ that would have led a person of ordinary skill in the art to combine the relevant prior art teachings in the manner claimed?”

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