KSR v. Teleflex

Teleflex Inc. sued the defendant KSR International claiming that one of KSR's products infringed its patent on connecting an adjustable vehicle control pedal to an electronic throttle control. KSR argued that merely combining these two elements was obvious and therefore not patentable. KSR won at the district court level only to have the opinion overturned by the Court of Appeals for the Federal Circuit in January 2005.

Oral arguments were heard by the Supreme Court on November 28 2006. The petitioner KSR was represented by James W. Dabney. Deputy solicitor general Thomas G. Hungar represented the government which sided with the petitioner. Thomas C. Goldstein argued on behalf of the respondent Teleflex.

On April 30 2007 the Supreme Court unanimously reversed the judgment of the Federal Circuit holding that the disputed claim 4 of the patent was obvious and that in "rejecting the District Court’s rulings the Court of Appeals analyzed the issue in a narrow rigid manner inconsistent with §103 and our precedents " referring to the Federal Circuit's application of the "teaching-suggestion-motivation" (TSM) test.

via Wikipedia.org

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Obama admin should require federally funded educational resources to be shared under @CreativeCommons licenses: https://eff.org/r.5xs8

Aug 4 @ 12:32pm

MPAA wants to make websites invisible with one court order to bind them all. https://eff.org/r.unil #SOPApower

Aug 4 @ 11:02am

Germany's Justice Minister says he'll fire the prosecutor behind Netzpolitik.org treason accusations: https://eff.org/r.3fwl

Aug 4 @ 10:21am
JavaScript license information