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News from Reuters

US high court to review patent "obviousness" case

26/06/06

WASHINGTON (Reuters) - The U.S. Supreme Court on Monday agreed to review an appeal of a key patent case that could set a standard for when an invention is too obvious to patent.

The high court said it would consider the appeal by KSR International Inc., a Canadian manufacturer of gasoline pedals for cars and light trucks, arguing that a patent held by a rival manufacturer is invalid because it is too obvious.

Patent lawyers have said the case could help clarify U.S. patent law, which requires inventions to be "non-obvious" in order to be patented.

At issue is what standard the courts should use to determine what inventions are obvious. A patent infringement suit filed against KSR by Teleflex Inc. was dismissed by a federal court after it concluded that part of the Teleflex patent was obvious and invalid.

But a federal appeals court later overturned that decision, saying it had misinterpreted the legal standard for obviousness.

In August, Pennsylvania-based Teleflex said it had sold its automotive pedal systems business to a private investment firm.

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