While the Supreme Court's decision in KSR was a rejection of the Federal Circuit's rigid application of the TSM test, the decision cannot be cited as a rejection of the use of juries for the determination of obviousness. Furthermore, no case law exists that would indicate that any of ...
A revised version of "Model Patent Jury Instructions" was published June 17 by a group of patent practitioners and judges brought together by Chief Judge Paul R. Michel of the U.S. Court of Appeals for the Federal Circuit. The instructions generally coyer the same topics as prior publications...
C. Jury Waiver. You understand and agree that by entering into this Agreement you and LICENSOR are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this section, you and LICENSOR might otherwise have had a right or opportunity to br...
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While the Supreme Court's decision in KSR was a rejection of the Federal Circuit's rigid application of the TSM test, the decision cannot be cited as a rejection of the use of juries for the determination of obviousness. Furthermore, no case law exists that would indicate that any of ...