Newell Companies, Inc. v. Kenney Manufacturing Company, Defendant/cross-Appellant

I respectfully dissent from the panel majority’s change in the right to jury trial of the question of unobviousness. The full weight of Supreme Court and Federal Circuit decisions is contrary to their ruling, as are the traditions and laws governing jury verdicts, and the constitutional guarantee.

The Supreme Court has continually recognized the right to jury trial of the question of invention/unobviousness; and the Federal Circuit has been faithful to and has carried forward this constitutional requirement. We have reaffirmed that jury verdicts in patent cases, as jury verdicts in general,…