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Keywords

lawsuitdefendantappealverdictburden of proofpatent
appealpatent

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Kinetic Concepts, Inc. v. Smith & Nephew, Inc., 688 F.3d 1342, 104 U.S.P.Q.2d 1001

Facts

Wake Forest University Health Sciences and Kinetic Concepts, Inc. filed a lawsuit against Smith & Nephew, Inc. alleging infringement of patents related to methods and apparatuses for treating wounds using negative pressure. The district court granted judgment as a matter of law (JMOL) declaring the patents invalid for obviousness, overturning the jury's finding of nonobviousness. Wake Forest appealed the decision, arguing that the jury's factual findings were supported by substantial evidence.

Wake Forest and KCI asserted that S & N infringes apparatus claims 2 and 5 of the _081 patent and induces infringement of method claims 42, 109, 116, and 121 of the _651 patent.

Issue

Did the district court err in granting judgment as a matter of law declaring the patents invalid for obviousness?

Did the district court err in granting judgment as a matter of law declaring the patents invalid for obviousness?

Rule

In patent cases, the court reviews a district court's grant of JMOL de novo, presuming that the jury resolved factual disputes in favor of the verdict. A patent is considered obvious if a skilled artisan would have been motivated to combine prior art references to achieve the claimed invention, with a reasonable expectation of success. The burden of proof lies with the defendant to demonstrate obviousness by clear and convincing evidence.

Analysis

The appellate court found that the district court failed to respect the jury's factual findings, which were supported by substantial evidence. The jury had determined that the prior art did not disclose the use of negative pressure as required by the patents, and the court had to assume the jury found the patentee's expert credible. The competitor did not provide sufficient evidence to show that the patents were obvious, and the jury's findings of objective indicia of nonobviousness were upheld.

Conclusion

The Court of Appeals reversed the district court's judgment and remanded the case, concluding that the competitor failed to establish that the patents were obvious.

Accordingly, we reverse and remand.

Who won?

Wake Forest University Health Sciences and Kinetic Concepts, Inc. prevailed in the appeal, as the Court of Appeals found that the district court erred in granting JMOL for obviousness. The appellate court emphasized that the jury's factual findings were supported by substantial evidence, and the competitor did not meet the burden of proving the patents were obvious. This ruling reinstated the jury's original determination that the patents were not obvious.

Wake Forest and KCI prevailed in the appeal, as the Court of Appeals found that the district court erred in granting JMOL for obviousness. The appellate court emphasized that the jury's factual findings were supported by substantial evidence, and the competitor did not meet the burden of proving the patents were obvious.

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