Fed. Circ.'s Rebuke Of Judge Shows Limits Of Obviousness

Law360, New York (August 3, 2015, 8:37 PM EDT) -- The Federal Circuit's recent decision that a judge wrongly overruled a jury and declared patents obvious based on simple concepts unrelated to the invention shows that there are limits on the prior art that can be used to render a patent obvious, creating a hurdle for accused infringers, attorneys say.

In a July 28 ruling, the appeals court reinstated a $1.86 million patent verdict that Circuit Check Inc. won against rival QXQ Inc. It held that when U.S. Judge William Griesbach granted judgment as a matter of law to QXQ, he disregarded precedent that patents can only be found obvious in...

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