On the very same day that the Supreme Court broadened patent law’s "obviousness" doctrine (post), Vonage asked the Federal Circuit to toss a patent infringement judgment in favor of Verizon. Stories here and here. The Federal Circuit docket sheet shows:
5/1/2007 MOTION: Entry 26 :by Appellant – Motion to vacate district court’s finding of validity, to vacate the district court’s order and to remand for a new trial. SERVICE : by Mail on 4/30/2007.
The prospects for the motion — which the Federal Circuit will likely decide with the rest of the appeal — will turn on the wording of the instructions that told the jury how to consider the question of patent validity. Vonage argues that the instructions tracked the old test that the Supreme Court discarded in KSR Int’l Co. v. Teleflex Inc. Blawgletter hasn’t located the instructions just yet, and so we will keep our mouth shut about Vonage’s chances for success.
Barry Barnett
