Intellectual Property Law

When factual inquiries underlying obviousness determination disputed, summary judgment improper

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

In a decision Friday, the Federal Circuit affirmed a district court's summary judgment of no anticipation, no invalidity for failure to comply with the written description requirement, and infringement, but reversed the district court's summary judgment of no invalidity based on obviousness.  In an unusual procedural move, the parties stipulated that for the issues on which both parties moved for summary judgment, the district court could make findings of fact based on the summary judgment record, making it similar to an inter partes proceeding at the TTAB for those issues.  This stipulation included all issues except obviousness. 

The Federal Circuit found no clear error in the district court's determination of the other issues, but held there was a genuine issue of fact that should have prevented summary judgment on obviousness.  The court noted the Graham factual inquiries underlying the obviousness determination were legitimately in dispute, thus rendering summary judgment inappropriate on that issue.

More detail of Commonwealth Sci. & Indus. Research Org. v. Buffalo Tech., Inc. after the jump.

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Full post as published by FileWrapper on September 25, 2008 (boomark / email).