United States Federal Circuit

Because plaintiff did not properly raise an obviousness issue in a JMOL motion before the cause was submitted to the jury, the district court's subsequent review of the jury's findings of fact underlying its obviousness determination in response to the later JMOL motion was improper. Thus, the grant of JMOL in plaintiff's favor is reversed.

Appellate Information

• Decided 02/28/2003
• Published 02/28/2003

Judges

• PLAGER, Senior Circuit Judge., Before MICHEL, Circuit Judge, PLAGER, Senior Circuit Judge, and LOURIE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard W. Hoffmann,Warn, Burgess & Hoffmann, PC, of Auburn Hills, MI, argued for plaintiff-cross appellant.   Of counsel on the brief was Andrew M. Grove, Reising, Ethington, Barnes, Kisselle, Learman & McCulloch, PC, of Troy, MI.


• For Appellees:
  
• Jeffrey S. Standley, Standley & Gilcrest LLP, of Dublin, OH, argued for defendant-appellant.   Of counsel on the brief was James L. Kwak.