Who Decides Obviousness: Judge or Jury?

By Dennis Crouch Kinetic Concepts and Wake Forest University v. Smith & Nephew (Fed. Cir. 2012) Wake Forest’s asserted patents cover a medical technique that uses suction to close a gaping wound.  In certain situations, the suction method – also called Negative Pressure Wound Therapy – is apparently better than stitches or – my personal favorite – super glue.  Smith … Continue reading Who Decides Obviousness: Judge or Jury?