Nothing’s patently obvious, says the Federal Circuit

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Abstract: According to the U.S. Court of Appeals for the Federal Circuit, there’s nothing obvious about how to determine whether a patent is invalid for obviousness. This article examines a recent case involving alleged infringement of a patent on a casing structure for encasing meat products. The appeals court vacated the district court’s ruling that the patent was invalid for obviousness, but, as it turned out, the plaintiff could take little comfort. Citation: Mintz v. Dietz & Watson, Inc., No. 2010-1341, May 30, 2012 (Fed. Cir.)