Wednesday, March 3, 2010

Defendant May Not Present Jury Argument Concerning KSR's Change to Obviousness Standard

Plaintiff's motion in limine concerning the change in the obviousness standard since its patents were issued was granted. "Defendants argue that [KSR Int’l Co. v. Teleflex Inc.] changed obviousness and that '[i]t will be especially unfair when the Court reads the jury instructions on obviousness if the jury thinks the PTO applied the same standard when examining the patents' . . . Defendants’ proposed arguments to the jury about the state of patent law would likely cause jury confusion and would risk invading the Court’s province of instructing the jury on the law."

Datatreasury Corp. v. Wells Fargo & Co. et al., 2-06-cv-00072 (TXED February 26, 2010, Order) (Folsom, J.)

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