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Jury Instructions and Objective Indicia of Nonobviousness: Federal Circuit Grants New Trial in Inline Plastics v. Lacerta

Patently O

Attorneys from each side will typically propose specific instructions and object to those they believe are incorrect or incomplete. I.e. , if the evidence presenting a prima facie case of obviousness is overwhelming, an appellate court might conclude that a jury instruction omitting some objective indicia was harmless error.