United States Federal Circuit

In a patent infringement action, grant of plaintiff's motion judgment as a matter of law (JMOL) finding the patent was not invalid is reversed where: 1) the district court's denial of a motion in limine to exclude the testimony of witness, not skilled in the pertinent art, was an abuse of discretion; and 2) as a matter of law, claim 1 of the patent was invalid for obviousness.

Appellate Information

• Decided 12/24/2008
• Published 12/24/2008

Judges

• MOORE, Circuit Judge., Before DYK, PROST, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas C. Wettach, Cohen & Grigsby, P.C., of Pittsburgh, PA, argued for plaintiffs-cross-appellants.   Of counsel on the brief were Kevin J. Heinl and Robert C. Brandenburg, Brooks Kushman P.C., of Southfield, MI.


• For Appellees:
  
• Richard L. Rainey, Covington & Burling LLP, of Washington, DC, argued for defendants-appellants.   With him on the brief were Roderick R. McKelvie, Scott C. Weidenfeller, and Roger A. Ford.