PATENTS

KSR designs and manufactures auto parts and sells

them to auto manufacturers (not consumers). KSR

developed a pedal device for Ford vehicles and also

received a patent on the pedal device. KSR also sold

products to General Motors (GM), and, in order to

make the pedal device compatible for GM cars, KSR

added an electronic throttle control to the pedal device.

Teleflex claimed to have a patent for the pedal device

that could be connected to such a throttle and, therefore,

sued KSR for patent infringement. KSR defended on

the basis that the device produced for GM was simply

a combination of two existing products and was not

patentable.

CASE QUESTIONS

1 What do you think Teleflex's specific theory of

infringement was?

2. Which element of patentability does KSR claim

Teleflex is missing in the combined device?