Just an update on KSR Int’l Co. v. Teleflex Inc. (Opinion 04-1350; Decided April 30, 2007). KSR has been the most anticipated patent law case in the past year and will certainly be discussed for months and years to come.

Many are wondering if this will give a boost to businesses by getting rid of bad patents (and maybe the dreaded patent troll). Others wonder if we are returning to an “obvious to try” and “flash of genius” standard of patenting. Whatever your view, this decision will impact every industry in some form.

See the early buzz showing up already:

Antacids & Graham Crackers — The Supreme Court Decides KSR and the Future of Obviousness (Invent Blog)

KSR v. Teleflex: Supreme Court on Obviousness (Patently-O)

KSR v. Teleflex – Has “Inventive Step” Made its Appearance in U.S. Patent Law? (Peter Zura’s 271 Patent Blog)

Obviousness Redux (Patent Prospector)

KSR – A Whack at the Presumption of Validity (Fire of Genius)

Supreme Court Upholds “TSM Test” of Obviousness; Mixed Impact for Pharmaceutical Patent Owners (Orange Book Blog)

Patent Law After KSR – A Brave New World (SCOTUSblog)

KSR Int’l Co. v. Teleflex Inc. (2007) (Patent Docs)

A Supreme Court Smackdown (Just a Patent Examiner)

Is there Sarbanes-Oxley fallout from KSR v. Teleflex? (IP Biz)

Supremes’ Decision Leaves Pharma Patents Vulnerable (WSJ’s Health Blog)

Supremes Patent Ruling To Hurt Pharma (Pharmalot)

KSR International v. Teleflex Inc. (fedcirc.us)

KSR versus Teleflex – US Supreme Court decision April 30, 2007 (CanadaPatentBlog)

Patent double whammy: Supreme Court smacks down Federal Circuit (Enumerated)

KSR v. Teleflex: Workmanlike, Yet Frustrating (SCOTUSblog)

More to come.

  Print This Post   Email This Post

2 Comments

  1. [...] author urges avoiding reliance on any kind of Federal Circuit test. From eBay v. Mercexchange to KSR Int’l Co. v. Teleflex Inc., the Supreme Court has shown time and again that it just doesn’t think much of the Fed [...]

  2. [...] Review #106, was KSR v Teleflex. Have you noticed that everyone seems to be talking about KSR? Mr. Albainy-Jenei? Would anyone like to give us a complete analysis of the case? Mr. [...]