July 30, 2015
Authored and Edited by Forrest A. Jones; Elizabeth D. Ferrill; Aaron Gleaton Clay
In Circuit Check Inc. v. QXQ Inc., No 15-1155 (Fed. Cir. July 28, 2015), the Federal Circuit reversed and remanded the Eastern District of Wisconsin’s judgment as a matter of law that three patents were obvious in light of the prior art. At trial, QXQ argued that rock carving, where a varnish is applied to rocks and scraped off to make a design, is analogous to circuit board interface plates, where an additional layer of paint is applied and then scraped off to mark holes. Not convinced, the jury determined the patents were nonobvious over the rock carving prior art. Following the jury’s verdict, the district court overturned the jury and found the patents were obvious over this art.
First, the Court noted that the underlying facts are presumed to have been resolved in favor of the winning party, here the patent owner, and then it determines if the legal conclusion is correct in light of those facts. With this background, the Court found the jury’s factual determination that the prior art was not analogous was supported by substantial evidence. The Court stated that the question for analogous art is not whether an inventor knows of prior art, but whether they would look to the art to solve the problem. The Court also stated that the determination that the differences between the prior art and the claims were significant was also a finding of fact, and supported by substantial evidence. Thus, the Court reversed the district court’s finding of obviousness.
Copyright © 2015 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
Workshop
Life Sciences Workshop: Updates and Key Trends in Pharmaceutical and Biotechnology IP Law
May 2, 2024
Cambridge
At the PTAB Blog
USPTO Releases Notice of Proposed Rule Making Codifying Several Precedential Case Factors
April 25, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.