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Jury's pre-KSR nonobviousness verdict reversed post-KSR

By McKee, Voorhees & Sease, P.L.C.

In a recent decision, the Federal Circuit affirmed a district court's grant of a judgment as a matter of law that the asserted claims of a patent were obvious after a jury verdict of no obviousness.  KSR was decided after the jury's verdict but before the district court ruled on the defendant's motion for judgment as a matter of law.

On appeal, the patentee argued the reference that allegedly rendered the claims obvious did not disclose certain elements of the claims, and that secondary indicia of nonobviousness should have been sufficient to sustain the verdict.  The Federal Circuit was not persuaded, noting the only difference between the prior art and the claims was a simple "substitution of one known element for another."  Further, the court held there was no nexus between the asserted secondary indicia and the portion of the claims that was different from the prior art.  According, the Federal Circuit affirmed the judgment of obviousness.

More on Asyst Techs., Inc. v. Emtrak, Inc. after the jump.

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Full post as published by FileWrapper on October 29, 2008 (boomark / email).