Federal Circuit: Even the Best Secondary Indicia Cannot Overcome this Prima Facie case of Obviousness
Patent – Patently-O 2017-09-07
Summary:
In a split opinion, the Federal Circuit has affirmed summary judgment of obviousness in Intercontinenntal Great Brands (Kraft) v. Kellogg (Fed. Cir. 2017). Writing in dissent, Judge Reyna argued that the majority improperly applied a shortcut “prima facie obviousness test” without allowing for a full consideration of the patentee’s objective indicia of non-obviousness that the district court […]