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Patent for better mousetrap obvious, secondary indicia could not rebut "strong prima facie case"

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

In a decision Friday, the Federal Circuit addressed the issue of post-KSR obviousness and fraudulent misrepresentation. Regarding obviousness, the court held that the secondary indicia of nonobviousness simply could not overcome a "textbook case" of claims involving "a combination of familiar elements according to known methods that does no more than yield predictable results."

Interpreting Pennsylvania law, the Federal Circuit found that the defendant had committed fraudulent misrepresentation when the defendant, despite intending to manufacture a competing device throughout negotiations, entered into confidentiality and distribution agreements with the patentee with the understanding that a long-term cooperative distribution relationship would result. There was also sufficient evidence of the amount of damages that the jury's award was not speculative.

More detail of Agrizap, Inc. v. Woodstream Corp. after the jump.

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Full post as published by FileWrapper on March 31, 2008 (boomark / email).