KSR International Co. v. Teleflex, Inc.
United States Supreme Court
550 U.S. 398 (2007)
Teleflex, Inc. and its subsidiary (plaintiff) held an exclusive license to a patent covering a mechanism placing an electronic sensor on an adjustable automobile pedal that transmitted throttle information to the vehicle's computer. KSR International Company (defendant) added a similar sensor to an existing adjustable pedal and was sued by Teleflex for infringement; KSR argued the patent's claim was invalid as obvious under the Patent Act. The district court granted KSR summary judgment applying the Graham obviousness framework, but the Federal Circuit reversed, strictly applying the "teaching, suggestion, or motivation" (TSM) test, and the Supreme Court granted certiorari.
Whether, to determine if an invention is unpatentable, a court reviews the differences between the prior art and the claims at issue, the level of ordinary skill in the art at the time of invention, and the presence of any secondary considerations such as commercial success, long felt but unsolved needs, and failure of others, surrounding the origin of the subject matter sought to be patented.