US JURY PROPERLY RELIED UPON SECOND CONSIDERATIONS OF NON-OBVIOUSNESS TO OVERCOME PRIMA FACIE OBVIOUSNESS

Michael Kasdan
Charles R. Macedo, Richard P. Zemsky
Journal of Intellectual Property Law & Practice
11.23.2012

Abstract

The US Court of Appeals for the Federal Circuit in addressing the role of secondary considerations of non-obviousness and the weight to be accorded to them found no error in the jury's reliance on overwhelming evidence of secondary considerations of non-obviousness to conclude that a prima facie case of obviousness was overcome, thus saving the patent claim from invalidation.

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