Patent Docs: KSR Int'l Co. v. Teleflex Inc. (2007)

Patent Docs: KSR Int'l Co. v. Teleflex Inc. (2007): "It is important to note that while the Court rejected the Federal Circuit's 'rigid' application of the TSM test in the present case, the Court did not discount that the test might serve as a useful analytical device in the context of a proper obviousness analysis. In fact, the Supreme Court observed that when the Federal Circuit's predecessor first established the TSM test, it had 'captured a helpful insight,' and further, that '[t]here is no necessary inconsistency between the idea underlying the TSM test and the Graham analysis.' The Court concluded, however that '[h]elpful insights . . . need not become rigid and mandatory formulas; and when it is so applied, the TSM test is incompatible with our precedents.'"