In KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), the U.S. Supreme Court heralded more promise in obviousness challenges to patent validity. The Court rejected the U.S. Court of Appeals for the Federal Circuit’s “teaching, suggestion and motivation” (TSM) test for patent obviousness as a “rigid preventative rule” and instructed lower courts to take a more “expansive and flexible approach,” one applying “common sense” and recognizing that the “combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.”
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