Article: Patent Zapper - Obviousness In The Wake Of KSR.

In KSR Int'l. Co. v. Teleflex Inc., 127 S.Ct. 1727 (2007), the Supreme Court turned the clock on obviousness back to the basic framework set forth in Graham v. John Deere, 383 U.S. 1 (1966). In so doing, the Court in KSR rejected the formulaic use of the relatively clear rigid teaching, suggestion, or motivation test (the so-called "TSM test") for obviousness consistently employed by the Court of Appeals for the Federal Circuit in favor of an ad hoc and somewhat circular approach to determining obviousness that amounts to "... [i]f the claim extends to what is obvious, then it is invalid [for being obvious] under s. 103 &" KSR at 1742.

Fortunately, the ...

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