KSR Breaks Bundle Splitting Patent

Posted on | February 26, 2009 | 1 Comment

2009-1151 Geo Martin v. Alliance Machine
ND/CA 07-cv-692
Judge William Alsup

Plaintiff Martin appeals the grant by Judge William Alsup of defendant's Rule 50 motion finding 6,655,566 invalid as obvious.  The ruling comes after a 2 week jury trial resulted in a hung jury.  The court employed KSR and found the patent, directed to a bundle breaker for breaking corrugated cardboard, roofing shingles, etc., merely an obvious combination of known elements performing known functions.  Although there was some evidence of nonobviousness in the secondary considerations, the court dismissed these as minor or inconsequential.

More reading: Order

Counsel:

Geo Martin Co: Krieg Keller Sloan Reilley & Roman (San Francisco)
Alliance Machine: Dorsey & Whitney (Minneapolis)

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