ILNews

SCOTUS rules on patent obviousness

Michael W. Hoskins
January 1, 2007
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The Supreme Court of the United States today ruled that an invention can be too obvious for a patent.

Taking up the patent issue and question of "How obvious is too obvious?" for the first time in 20 years, the court ruled unanimously in KSR International v. Teleflex that a gas pedal design was too obvious.

Engineering company Teleflex sued KSR International, a Canadian maker of gas pedals, for alleged infringement of a patent it owned on an adjustable gas pedal assembly (which includes an accelerator, brake or clutch) combined with an electronic control that can be adjusted by the driver to move the pedal closer to or farther from the driver – much like an adjustable seat in position to the steering wheel.

The case was dismissed at the District Court level on summary judgment based on obviousness, with a finding that anyone with an undergraduate degree or modest industry experience "would have found it obvious" to connect the two parts to provide the claimed assembly. But the Federal Circuit that hears all patent cases reversed that judgment.

"The Federal Circuit addressed the obviousness question in a narrow, rigid manner that is inconsistent with §103 and this Court ;s precedents," Justice Anthony Kennedy wrote for a unanimous court. "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."

Further in the opinion, Justice Kennedy wrote, "We build and create by bringing to the tangible and palpable reality around us new works based on instinct, simple logic, ordinary inferences, extraordinary ideas, and sometimes even genius. These advances, once part of our shared knowledge, define a new threshold from which innovation starts once more. And as progress beginning from higher levels of achievement is expected in the normal course, the results of ordinary innovation are not the subject of exclusive rights under the patent laws. Were it otherwise, patents might stifle rather than promote the progress of useful arts."

This was one of two patent rulings the nation ;s high court issued today. The other – Microsoft v. AT&T – held in favor of Microsoft in that Section 271(f) of the Patent Act does not extend to cover foreign duplication of software.
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  1. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  2. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  3. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  4. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

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