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US jury properly relied upon second considerations of non-obviousness to overcome prima facie obviousness

November 23, 2012

Journal of Intellectual Property Law & Practice

Michael J. Kasdan, Charles R. Macedo, Richard P. Zemsky

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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Michael J. Kasdan

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