Roundup of media coverage of “KSR v. Teleflex”December 4, 2006

After last week’s arguments before the Supreme Court in KSR v. Teleflex, the media has begun to offer its perspective on the case. Below is a sampling of the media coverage, which generally appears to think that the teaching-suggestion-motivation (TSM) test will either be scrapped entirely, or at least allow other ways to prove an invention is obvious, and therefore not patentable. New York Times USA Today Los Angeles Times Wall Street Journal (subscription required) Information Week Bloomberg The Register (UK) ZDNet MarketWatch While it appeared clear that the Court does not care for the Federal Circuit’s TSM test, neither the Justices nor the advocates for the parties offered a specific alternative. This necessarily begs the question, if not the TSM test, then what? We’ll have to wait until at least early 2007 for the Court to reach a decision, and even then it may not offer much guidance.

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