Anticipated, But Not Obvious

Law360, New York (October 8, 2008, 12:00 AM EDT) -- In Cohesive Technologies Inc. v. Waters Corp., (Docket Nos. 2008-1029, -1030, -1031, -1032, -1059, Oct. 7, 2008), the Federal Circuit made a series of rulings regarding patentability including, notably, the reversal of the district court’s grant of judgment as a matter of law on anticipation as a basis for invalidity.

In so doing, the Federal Circuit took the opportunity to articulate a subtle point of patent law that has a potentially significant impact in patent infringement litigation strategy.

The Federal Circuit began its analysis by observing...
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