Judgment As A Matter Of Law

News & Analysis as of

Non-Analogous Art Is Not Prior Art for Purposes of Obviousness - Circuit Check Inc. v. QXQ Inc.

Addressing the issue of obviousness, the U.S. Court of Appeals for the Federal Circuit reversed the district court and restored the jury’s verdict finding the patents-at-issue not invalid, because the prior art in dispute was...more

Federal Circuit Provides Plain Language Test for Analogous Art

Whether or not a prior art reference constitutes “analogous art” for purposes of an obviousness inquiry under 35 U.S.C. § 103 has been the subject of debate in many instances. On July 28, 2015, the Federal Circuit, in Circuit...more

Supreme Court's Decision in Teva Does Not Require Federal Circuit to Review Immaterial or Improper Fact-Finding under a Clear...

After an appeal to the Federal Circuit, Defendant Arthrex, Inc. ("Arthrex") filed a motion to reopen the judgment under FRCP 60(b). Arthrex premised its motion on the argument that the judgment should be reopened in light of...more

May A Defendant Seek JMOL On Punitive Liability Based On A Standard Different From The One Reflected In The Jury Instructions?

We’ve been following the post-trial proceedings in Allen v. Takeda Pharmaceuticals North America, Inc., a product-liability action involving the diabetes drug Actos. The case garnered headlines earlier this year when the...more

California Court Holds Website Link To Fair Usage Policy Not Conspicuous Enough To Indicate Limits To Term “Unlimited”

On October 4, the California Court of Appeal held that the disclosure of limits to an “unlimited” calling plan in a linked Fair Usage Policy was not sufficiently conspicuous to support a lower court’s judgment as a matter of...more

Inadequate Investigation By Insurer Is Insufficient To Support Finding Of Bad Faith

Tenth Circuit Holds That Inadequate Investigation By Insurer Is Insufficient To Support Finding Of Bad Faith Unless A Proper Investigation Would Have Revealed The Claim Should Have Been Paid - In Bannister v. State Farm...more

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