Intellectual Property Law

Failure to raise KSR post-trial but pre-judgment results in waiver

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

In a recent decision, the Federal Circuit affirmed a jury's verdict of infringement, no obviousness, and no inequitable conduct.  On appeal, the defendant for the first time argued the jury's verdict should be reversed in light of KSR. 

The Federal Circuit held the argument had been waived.  The jury reached its verdict on December 8, 2006.  Post-trial motions were fully briefed on February 20, 2007, and KSR was decided on April 30, 2007.  However, the district court did not rule on the post-trial motions until August 23, 2007, and final judgment was not entered until August 24.  Given the four month gap between the decision in KSR and the rulings on the post-trial motions, the Federal Circuit held the defendant was required to raise the issue before the district court.  As a result, the court considered the argument waived.

The Federal Circuit also rejected the defendant's arguments regarding noninfringement and inequitable conduct.

More detail of Rentrop v. Spectranetics Corp. after the jump.

[More]

Full post as published by FileWrapper on March 05, 2009 (boomark / email).