Evidence of Secondary Considerations Could Not Overcome the Weight of the Competing Evidence of Obviousness

MERCK SHARP & DOHME CORP. V. HOSPIRA, INC: October 26, 2017. Before Newman (dissent), Lourie (majority), and Hughes   Takeaways: • A process is obvious if it differs from a previously patented process only in routine details that, even though not disclosed in the prior art, could be achieved by …

Soverain Software, LLC v. Newegg, Inc.

Authored by Cynthia Lambert Hardman, Dragan Plavsic, and Karen C. Shen Case: Soverain Software, LLC v. Newegg, Inc., No. 2011-1009 (Fed. Cir. Jan. 22, 2013) (precedential). On appeal from E.D. Tex. Before Newman, Prost, and Reyna. Procedural Posture: Defendant, accused infringer, appealed a jury verdict of infringement of two patents and JMOL …