ZUP, LLC v. Nash Mfg., Inc.
A weak showing of both long-felt but unresolved need and copying cannot overcome a strong showing of obviousness set forth by predictable use of prior art elements according to established functions.
A weak showing of both long-felt but unresolved need and copying cannot overcome a strong showing of obviousness set forth by predictable use of prior art elements according to established functions.
A strong showing of objective indicia of non-obviousness may not overcome a stronger prima facie case of obviousness. Further, clear and convincing evidence is needed for an inequitable conduct charge.