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The court reversed the district court’s grant of summary judgment of obviousness.  On appeal, the court considered the declarations submitted by the patentee in connection with its summary judgment opposition and held that the declarations established a genuine dispute over whether a person of ordinary skill in the art would have been motivated to add a vent to one of the prior art references’ “disinfecting cap,” including a declaration by the inventor. 

Ivera Medical Corporation v. Hospira, Inc., Case Nos. 2014-1613, - 1614 (September 8, 2015); Opinion by: Reyna, joined by Newman and Taranto; Appealed From: District Court for the Southern District of California, Huff, J. Read the full opinion here.

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