KSR v. Teleflex Inc. Trial Court Ruling. □ Teleflex sued KSR for infringement of. U.S. Patent No. 6,, to Engelgau. (“Adjustable Pedal Assembly With. Teleflex sued KSR International (KSR), alleging that KSR had infringed on its patent for an adjustable gas-pedal system composed of an. Syllabus. NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued.

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Every patent issued is presumed to be valid, and proving it invalid ks a heavy burden. The diversity of inventive pursuits and of modern technology counsels against confining the obviousness analysis by a formalistic conception of the words teaching, suggestion, and motivation, or by overemphasizing the importance of published articles and the explicit content of issued patents.

Existing patent owners facing validity questions may want to ask if the TSM test was applied and, if not, was the correct Graham analysis from the Graham vs. From Wikipedia, the free encyclopedia. Meet Our Legal Concierge What is your preferred phone number? Teleflfx Best Lawyers For Less. Finally, the court held that genuine issues of material fact precluded summary judgment. If an individual with ordinary skill can implement the predictable variation, then the subject no longer qualifies for patentability.

Teleflex is KSR’s competitor and designs adjustable pedals. United States Supreme Court case. A patent is considered kdr if what’s claimed as new is not the result of inventive activity.

There then was a marketplace creating a strong incentive to convert mechanical pedals to electronic pedals, and the prior art taught a number of methods for doing so. kksr

Others say the Supreme Court ignored legislative history in the KSR decision, essentially taking a step back. This argument was not raised before the District Court, and it is unclear whether it was raised before the Federal Circuit.


Graham provided an expansive and flexible approach to the obviousness question that is inconsistent with the way the Federal Circuit applied its TSM test here. By using this site, you agree to the Terms of Use and Privacy Policy. Existing patent owners affected by the Supreme Court’s decision may find themselves susceptible to validity challenges. Under the TSM test, validity presumption might have been weakened. In many fields there may be little discussion of obvious techniques or combinations, and market demand, rather than scientific literature, may often drive design trends.


In other words, if parts of the invention are common knowledge, it’s too obvious for a patent. Federal Circuit reversed and remanded. Smith, in turn, explained not to put the sensor on the pedal footpad, but instead on the structure.

Where it is feasible, a syllabus headnote will be released, as is being done in connection with this case, at the time the opinion is issued. When is a patent releflex It reviewed the history of the TSM test noting its inconsistencies and how the test limits the obviousness question.

For such a designer starting with Asano, kksr question was where to attach the sensor.

How does the KSR decision change patent evaluations? The syllabus constitutes no part of the opinion of the Court but has been prepared by the Ks of Decisions for the convenience of the reader. Inventors had obtained a number of patents for such sensors.

Teleflex decision opens the door to broader challenges for patent holders. Engelgau claims he invented the patent’s subject matter Feb. AdamsU. Only the top 5 percent of lawyers are accepted to ,sr site, and they come from prestigious schools like Yale Law and Harvard Law with an average of 14 years of legal experience.

Teleflex is the exclusive licensee of the Engelgau patent, the application for which was filed Aug. For example, the Rixon patent locates the sensor in the pedal footpad, but is known for wire chafing. KSR provided convincing evidence that mounting an available sensor on a fixed pivot point of the Asano pedal was a design step well within the grasp of a person of ordinary skill in the relevant art and that the benefit of doing so would be obvious.

Granting patent protection to advances that would occur in the ordinary course without real innovation retards progress and may, for patents combining previously known kwr, deprive telrflex inventions of their value or utility.


A great deal of debate sprang up in the wake of the decision, ker over the implications on the TSM test and concepts including “obvious to try,” ” person having ordinary skill in the art ” and summary judgment. KSR argued that the combination of the two elements was obvious, and the claim was therefore not patentable.

If you need help with defending your patent’s validity, post your job on UpCounsel’s marketplace. Deputy solicitor general Thomas G.

A patent composed of several elements is not proved obvious merely by demonstrating that each element was, independently, known in the prior art. In newer cars, computer-controlled throttles do not operate through force transferred from the pedal by a mechanical link, but open and close kwr in response to electronic signals.

KSR vs. Teleflex: Everything You Need to Know

Following the decision, the trial court compared the prior art to claims in the Engelgau patent and found little difference between the two.

But a court errs where, as here, it transforms general principle into a rigid rule limiting the obviousness inquiry.

Helpful insights, however, need not become rigid and mandatory formulas. Finally, the court drew the wrong conclusion from the risk of courts and patent examiners falling prey to hindsight bias. Any patent issued under the TSM test is now open to new challenges because it was the wrong test to use. Teleflex sued KSR Internationalclaiming that one of KSR’s products infringed Teleflex’s patent [2] on connecting an adjustable vehicle control pedal to an electronic throttle control.

In considering these precedents and similar patentsthe Supreme Court noted that sensors on adjustable pedals were already disclosed in prior ar t, including sensors on a fixed pivot point. As a business owner or inventor, it’s important to understand how the decision may affect your patent portfolio.