Teachign Away Only Applies to Obviousness, Not Anticipation

Clearvalue, Inc. v. Pearly River Polymers, Inc., [2011-1078, -1100] (February 17, 2012) [MOORE, Prose, Schall] The Federal Circuit reversed the denial of JMOL of invalidity under §102, and affirmed the grant of JMOL of no trade secret misappropriation.
DISCUSSION: The district court premised its denial of JMOL of anticipation under §102 because of testimony that the reference taught away from the claimed invention. The Federal Circuit rejected this,noting that whether a reference teaches away from an invention is inapplicable to an anticipate analysis. The Federal Circuit also affirmed the JMOL on the trade secret claim noting that the anticipatory reference disclosed the alleged trade secret.