Patent Law

Acushnet Co. v. Callaway Golf Co . (on petition for certiorari 2009)

The Supreme Court recently rejected Medela's petition for certiorari arguing that the conclusion of obviousness should be made by a judge rather than a lay jury.

In the wake of Medela's failure, Acushnet (maker of Titleist) is now asking the Supreme Court to hold that "a court reviewing a jury's [obviousness] verdicts must always independently render its own legal conclusion regardless of whether one or all of the jury's underlying findings are accepted as adequately supported by the evidence." Taking that a step-further, Acushnet argues that a jury's verdict on the question of obviousness should be seen as "entirely advisory as to the ultimate legal conclusion."

Ascushnet takes-issue with the Federal Circuit's holding that the "jury could have reasonably concluded that Acushnet failed to prove invalidity due to obviousness." In petitioner's view, the appellate panel should not have given any regard to the jury's legal finding.

AcushnetPetition.pdf