WE ARE FREE TO OVERRIDE THE JURY’S LEGAL CONCLUSION ON THE ULTIMATE QUESTION OF OBVIOUSNESS WITHOUT DEFERENCE

Boston Scientific Scimed, Inc. v. Cordis Corporation, [2008-1073] (January 15, 2009) The Federal Circuit reversed the judgment that claim 8 of U.S. Patent No. 6,120,536 was valid and infringed.
DISCUSSION: The Federal Circuit reviews a jury’s conclusions on obviousness, a question of law, without deference, and the underlying findings of fact, whether explicit or implicit within the verdict, for substantial evidence. The Federal Circuit said that while a jury may render a decision on a question of obviousness when it is considering any underlying fact questions, obviousness is ultimately a question of law that the Federal Circuit reviews de novo. When the Federal Circuit considers that, even in light of a jury’s findings of fact, the references demonstrate an invention to have been obvious, the Federal Circuit will reverse the obviousness determination. The Federal Circuit held that the record did not contain substantial evidence for the jury to conclude that references did not make the claimed invention obvious.