User:Charles R Talley/0204
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KSR International Co. v. Teleflex, Inc., 550 U.S. 398 (2007)
- Debate over obviousness of adjustable pedal apparatus with electronic throttle control
- District Court ruled the patent invalid in a summary judgement
- TSM Rule: Seeking to resolve the question of obviousness with more uniformity and consistency, the Court of Appeals for the Federal Circuit has employed an approach referred to by the parties as the “teaching, suggestion, or motivation” test (TSM test), under which a patent claim is only proved obvious if “some motivation or suggestion to combine the prior art teachings” can be found in the prior art, the nature of the problem, or the knowledge of a person having ordinary skill in the art.
- CAFC & PTO want simple clear rules
- tension between imperfect, simple rules and perfect, ambiguous rules
- Montana speed limit: Reasonable & Prudent
- CAFC & PTO want simple clear rules
