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KSR International Co. v. Teleflex, Inc., et al. – The Merit Briefs

Posted in Opinion Commentary by Jake Ward on September 26, 2006

I’ve taken longer than I had hoped to get around to the KSR v. Teleflex merit briefs.  However, Patently-O has compiled a very nice list of the first round of briefs, along with some summaries and commentary by D. Crouch.   Check it out here.

Incidentally, the question presented by Petitioner KSR is as follows:

Whether the Federal Circuit erred in holding that a claimed invention cannot be held “obvious,” and thus unpatentable under 35 U.S.C. sec. 103(a), 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?

As I get to these briefs, I’ll post any thoughts or comments I might have.  Enjoy!