This coming term, the Supreme Court will examine the validity of the “motivation-suggestion-teaching” test, which has been a part of the law of obviousness ever since the U.S. Court of Appeals for the Federal Circuit was created in 1982 to bring “uniformity of doctrinal development in the patent area.” The case, KSR International Co. v. Teleflex, Inc. (Dkt. No. 04-1350), also examines the respective roles of the Supreme Court and the Federal Circuit as institutions responsible for shaping the evolution of patent law.


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