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KINETIC CONCEPTS, INC. v. SMITH & NEPHEW, INC.

No. 2011-1105.

688 F.3d 1342 (2012)

KINETIC CONCEPTS, INC., KCI Licensing, Inc., KCI USA, Inc., KCI Medical Resources, KCI Manufacturing, and Medical Holdings Limited, Plaintiffs, and Wake Forest University Health Sciences, Plaintiff-Appellant, v. SMITH & NEPHEW, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 13, 2012.

Attorney(s) appearing for the Case

Matthew D. Powers, Weil, Gotshal & Manges LLP, of Redwood Shores, CA, argued for plaintiff-appellant. With him on the brief were Elizabeth Stotland Weiswasser, Peter Sandel, Jennifer H. Wu, Danielle Rosenthal and Erin Wiggins, of New York, NY. Of counsel was Andrew Swanson Brown.

Joseph R. Re, Knobbe, Martens, Olson & Bear, LLP, of Irvine, CA, argued for defendant-appellee. With him on the brief were James F. Lesniak, Shelia N. Swaroop and Christy G. Lea. Of counsel on the brief was Mark J. Gorman, Smith & Nephew, Inc., of Cordova, TN.

Opinion for the court filed by Circuit Judge O'MALLEY. Circuit Judge DYK concurs in the result.

O'MALLEY, Circuit Judge.

Wake Forest University Health Sciences ("Wake Forest") appeals the district court's grant of judgment as a matter of law ("JMOL") of invalidity for obviousness. In granting Smith & Nephew, Inc.'s ("S & N") motion for JMOL, the district court overturned the jury's determination that S & N had failed to prove that the asserted claims of the patents in suit were obvious. We conclude that...

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