Appellate court decisions in patent cases
That is why a lot of people, myself included, found the decision to be so shocking with VRNG vs GOOG. Ruling that the patent in VRNG vs GOOG was invalid due to obviousness seemed to be more of a determination for the trier of fact, which is usually done at the district court level by the jury.
While VRNG did try to appeal the decision up to the US Supreme court, certiorari was denied and that was the end of the case.
After that decision, there was a fear in a number of patent cases, including WDDD vs ATVI, that even a win at the district court level, could just be undone on the issue for obviousness on appeal.
Louis J. Desy Jr.
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