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ARTICLE · 23 NOVEMBER 2007

Will A US Patent Be More Difficult To Obtain After Ksr v Teleflex Inc?

Spruson & Ferguson Lawyers
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In what was hailed as a landmark case, the US Supreme Court released the decision in KSR International Co v Teleflex Inc in April 2007. This decision was thought to be one that could have a significant impact on patent prosecution and infringement in the U.S., particularly in relation to the number of factors to be considered with regards to obviousness.

AustraliaIntellectual Property
Sarah Herbert
Sarah Herbert
Charles Tansey
Charles Tansey
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In what was hailed as a landmark case, the US Supreme Court released the decision in KSR International Co v Teleflex Inc (KSR) in April 2007. This decision was thought to be one that could have a significant impact on patent prosecution and infringement in the U.S., particularly in relation to the number of factors to be considered with regards to obviousness1.

In this decision, the US Supreme Court reinstated a District Court decision that dismissed a patent infringement action from Teleflex Inc relating to KSR's adjustable pedal system with a modular sensor. The patent for which Teleflex was an exclusive license holder was considered to be obvious by the District Court2. The Court of Appeals, however, was found by the Supreme Court to have "addressed the obviousness question in a narrow, rigid manner" that was inconsistent with the legislation and the precedents of the Court3.

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