News & Events

MGB Partner Brad Lyerla participated as a panelist in a discussion of the Supreme Court's decision in KSR v. Teleflex. The discussion was sponsored by the Intellectual Property Law Association of Chicago and hosted by The John Marshall Law School (JMLS).  The proceedings have been published in the Sixth Volume of the JMLS “Review of Intellectual Property Law” (please see a link to the proceedings below). 

In KSR International Co. v. Teleflex Inc., the Supreme Court considered what test applies to determine whether an invention is “obvious.” The Court ruled that the teaching-suggestion-motivation (“TSM”) test, developed over the years by the Federal Circuit to defend against hindsight reconstruction, is only one method a court or patent examiner may use when addressing obviousness. The Court’s holding overturned Federal Circuit precedent, which required a finding of non-obviousness unless a teaching, suggestion, or motivation to combine was established. The panel discussion brings together leadings jurists; former law clerks of the Supreme Court, the Federal Circuit, and other courts; leading patent litigators; patent office practitioners; and professors of patent law to examine the potential effects of KSR.

Please visit The John Marshall Review of Intellectual Property Law website for more information.