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Supreme Court Grants Certiorari Review of Obviousness Doctrine
On June 26, 2006, the U.S. Supreme Court granted certiorari and will review the decision in Teleflex, Inc. v. KSR Int'l Co., 119 F. App'x 282 (Fed. Cir. 2005). In Teleflex, the Federal Circuit vacated the grant of summary judgment, finding that the district court incorrectly applied its 'teaching-suggestion-motivation' test. According to the Fe-deral Circuit, the district court failed to make factual findings showing the ”specific understanding or principle within the knowledge of a skilled artisan that would have motivated one with no knowledge of [the] invention to make the combination in the manner claimed.” Id. at 289 (quoting In re Kotzab, 217 F.3d 1365, 1371 (Fed. Cir. 2000).
The question presented in KSR's petition was: 'Whether the Federal Circuit has erred in holding that a claimed invention cannot be held 'obvious,' and thus unpatentable under 35 U.S.C. '103(a), in the absence of some proven 'teaching, suggestion, or motivation' that would have led a person of ordinary skill in the art to combine the relevant prior art teachings in the manner claimed.'
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