Five months and three weeks have passed since the CAFC decided the motivation to combine, or TSM issue, in the Dystar case. Since then, and with the intervening oral arguments to the Supreme Court in KSR v. Teleflex, the CAFC has shut down the channel that broadcasted obviousness rulings. They decided non-infringement, anticipation, whatever, but no obviousness cases for nearly half a year.
Today, Judge Michel authored Pfizer v. Apotex, which casts into the TSM debate, and rules based on there being a requirement of a motivation, at least an implicit motivation to combine. Now, it is time for the Supreme shoe to drop.