Legal Opinion

Kinetic Concepts, Inc. v. Smith & Nephew, Inc.

Court of Appeals for the Federal Circuit

Decided August 13, 2012No. 2011-1105PublishedCited by 108 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge O’MALLEY. Circuit Judge DYK concurs in the result.

*1346O’MALLEY, Circuit Judge.

Wake Forest University Health Sciences (“Wake Forest”) appeals the district court’s grant of judgment as a matter of law (“JMOL”) of invalidity for obviousness. In granting Smith & Nephew, Inc.’s (“S & N”) motion for JMOL, the district court overturned the jury’s determination that S & N had failed to prove that the asserted claims of the patents in suit were obvious. We conclude that, on the basis of the jury’s factual findings, S & N failed to establish by clear and…

2Cases cited38 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
  3. KSR International Co. v. Teleflex Inc.Supreme Court of the United States · 2007
  4. Jerry F. Connell, Gary F. Burns and Conelco, Inc., Appellants/cross-Appellees v. Sears, Roebuck & Co., a Corporation, Appellee/cross-AppellantCourt of Appeals for the Federal Circuit · 1983
  5. Pfizer, Inc. v. Apotex, Inc.Court of Appeals for the Federal Circuit · 2007

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3Cited by108 opinions

  1. Wbip, LLC v. Kohler Co.Court of Appeals for the Federal Circuit · 2016
  2. Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd.Court of Appeals for the Federal Circuit · 2016
  3. Apple Inc. v. Samsung Electronics Co., Ltd.Court of Appeals for the Federal Circuit · 2016
  4. Eko Brands, LLC v. Adrian Rivera Maynez Enters.Court of Appeals for the Federal Circuit · 2020
  5. Intouch Technologies, Inc. v. Vgo Communications, Inc.Court of Appeals for the Federal Circuit · 2014

103 more not listed; retrieve them via the Exa API.

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