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HVLPO2, LLC v. Oxygen Frog, LLC (Fed. Cir. Feb. 5, 2020)

The Federal Circuit held that it was error to permit the jury to hear the lay witness's testimony as evidence of obviousness.


"Not only did the district court’s admission of the [lay witness’s] improper testimony deprive [HVLPO2] of its right to have the question of obviousness decided based on admissible, qualified expert testimony, it prejudiced [HVLPO2] by not affording it the appropriate procedures for testing such testimony."


Read the case here.



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