Tuesday, June 5, 2007

KSR International v. Teleflex

In KSR International v. Teleflex, the US Supreme Court issued one of its biggest patent rulings in years by rejecting the Federal Circuit's teaching, suggestion or motivation test in determining obviousness and adopted a more flexible standard that allows the trial judge to make the determination if an invention is obvious or not. Most likely, this will increase litigation and invalidate a lot more patents than I think Congress wanted.

In a companion case, ATT v. Microsoft, the Supreme Court found that software code is not a component and therefore a company could ship software code outside the US for manufacture or infringing products.

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