OBVIOUSNESS ISSUE WAIVED BY FAILURE TO MOVE FOR JMOL

Rentrop v. The Spectranetics Corporation, [2007-1560] (December 18, 2008) [WALKER, Michel, Friedman] The Federal Circuit affirmed judgment for Rentrop resulting in a $500,000 damage award.
DISCUSSION: The Federal Circuit rejected Spectranetics’ arguments about obvious as waived since it did not move for JMOL, and rejected its challenge to the pre-KSR jury instructions as waived since final judgment was not entered until four months after the KSR decision. The Federal Circuit found substantial evidence to support the finding of infringement, and agreed with the district court’s analysis of the inequitable conduct issues.