Does the tsm test apply

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Reference no: EM131105416

which case law refers to this :

Facts: Teleflex sued KSR for patent infringement in the production of Adjustable Pedal Assembly With Electronic Throttle Control. KSR countered that the claim was invalid because the subject matter was obvious and that the TSM test was not applied correctly. The courts ruled in favor of Teleflex and KSR appealed.

Issue: Does the TSM test apply. If a technique has been used to improve one device and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his/hers skills.

Decision: The court ruled in favor of KSR and found that a person of ordinary skill could have figured it out.

Reference no: EM131105416

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