In KSR International Co. v. Teleflex Inc., the Supreme Court considered what test applies to determine whether an invention is “obvious.” The Court ruled that the teaching-suggestion- motivation (“TSM”) test, developed over the years by the Federal Circuit to defend against hindsight reconstruction, is only one method a court or patent examiner may use when addressing obviousness. The Court’s holding overturned Federal Circuit precedent, which required a finding of non-obviousness unless a teaching, suggestion, or motivation to combine was established. The panel discussion brings together leadings jurists; former law clerks of the Supreme Court, the Federal Circuit, and other courts; leading patent litigators; patent office practitioners; and professors of patent law to examine the potential effects of KSR.
A Panel Discussion on Obviousness in Patent Litigation: KSR International v. Teleflex, 6 J. Marshall Rev. Intell. Prop. L. 595 (2007)