On Dec. 24, 2008, the Federal Circuit issued its decision in Sundance v. DeMonte, 2008 WL 5351734 (Fed.
Sundance v. DeMonte: Federal Circuit Overrules District Court's Holding of Non-obviousness
The Federal Circuit issued its decision in <i>Sundance v. DeMonte</i>, overruling the district court's holding of non-obviousness. Applying the standard set forth in <i>KSR Int'l Co. v. Teleflex Inc.</i>, the court found that the patent was an obvious combination of the prior art and noted that the district court committed two errors by: 1) erroneously allowing a patent attorney, who was not skilled in the relevant technology, to testify regarding obviousness; and 2) vacating the jury verdict of obviousness and granting judgment as a matter of law on non-obviousness, based on its erroneous interpretation of the prior art.
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