Tuesday, November 27, 2012

No Inventor's Good Deed Goes Unpunished

'You must also pay the lawyer fees of the trespasser'.

What more can an appeals court do to twist the dagger deeper into the heart of a stabbed inventor?

We speak here of INVENTIO AG v. OTIS ELEVATOR (Fed. Cir. Decided: November 27, 2012) ["Costs to Otis"]

And the dagger to the heart?

That comes with an "appeals" court deciding de novo issues of fact including, how did the person of ordinary skill in the art think at the time of invention.

The jury found in favor of the inventor, that the invention was not obvious.

Au contraire says the "appeals" court:
"So how could it not “logically ... commend[] itself to [the ’094] inventor’s attention in considering his problem” of seamlessly controlling access to elevators? ... We need not decide the question because, based on the jury charge, a reasonable juror could not conclude that the RFID prior art was nonanalogous. ... Because the jury should have found the RFID prior art analogous, the conclusion becomes inescapable that ’094 patent is a clear example of a “combination of familiar elements according to known methods [yielding] no more than . . . predictable results.” KSR Int’l Co. v. Teleflex Inc., ..."


Anonymous said...

See US Patent 5,689,094

Anonymous said...

United Tech Press release is here:


"Otis is pleased that the Federal Circuit’s ruling confirms Otis’s long-held position that it is entitled to sell elevators that include Compass destination dispatch with seamless entry,” Thomas Downie, an Otis spokesman, said. "