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WBIP, LLC v. KOHLER CO.

2015-1038 2015-1044.

829 F.3d 1317 (2016)

WBIP, LLC, Plaintiff-Cross-Appellant, v. KOHLER CO., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: July 19, 2016.

Attorney(s) appearing for the Case

DAVID ANDREW SIMONS , K&L Gates LLP, Boston, MA, argued for plaintiff-cross-appellant. Also represented by ANDREA B. REED ; MICHAEL E. ZELIGER , Palo Alto, CA.

E. JOSHUA ROSENKRANZ , Orrick, Herrington & Sutcliffe LLP, New York, NY, argued for defendant-appellant. Also represented by RACHEL WAINER APTER ; BRIAN PHILIP GOLDMAN , San Francisco, CA; KATHERINE M. KOPP , T. VANN PEARCE, JR. , ERIC SHUMSKY , Washington, DC; STEVEN M. BAUER, WILLIAM DAVID DALSEN , SAFRAZ ISHMAEL , Proskauer Rose LLP, Boston, MA.

Before MOORE, O'MALLEY, and CHEN, Circuit Judges.

Kohler Co. appeals from the United States District Court for the District of Massachusetts' denial of judgment as a matter of law that claims 1-6, 8, and 10-12 of U.S. Patent No. 7,314,044 and claims 26 and 28 of U.S. Patent No. 7,832,196 (collectively "asserted claims") would have been obvious and lack sufficient written description...

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