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

November 23, 2012 Published Work
Journal of Intellectual Property Law & Practice

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.