35 U.S.C. §103 : CAFC Alert

Federal Circuit Finds Claimed Invention Obvious, Reversing Trial Judge & Jury

Scott Daniels | August 27, 2015

ABT Systems v. Emerson Electric

August 19, 2015

Before: Prost, Clevenger & Schall, opinion by Schall


A jury found the ‘017 patent (U.S. Patent No. 5,547,017) to be valid and infringed, and awarded reasonable royalty to the patentee as damages. The trial judge subsequently denied the accused infringer’s motion for JMOL that the patent was invalid as obvious. On appeal, the Federal Circuit concluded that the claimed invention was obvious and that the trial judge should have granted the JMOL motion. The Federal Circuit therefore remanded the case to the trial judge with instructions to enter judgment in favor of the accused infringer.

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