A three-judge panel vacated a judgment of invalidity of claims of five patents based on the district court’s failure to adequately instruct the jury regarding relevant objective indicia of nonobviousness. The Court remanded for a new trial on invalidity, and recommend that the district court reconsider its decision to allow the opposing party’s technical expert to testifying to the ultimate question of validity. Inline previously obtained summary judgment of infringement of certain asserted patent claims.
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