Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, September 20, 2007.
Farnan, J. The Court requested briefing on whether the statutory presumption of validity is weakened as a result of KSR v. Teleflex. It concluded that KSR does not alter the statutory presumption of validity.
At the pretrial conference, the Court asked the parties to address (1) whether the statutory presumption of validity is weakened as a result of KSR v. Teleflex, 127 S. Ct. 1727 (2007) and (2) whether the jury should be instructed that defendant has been found to infringe the patents in suit. The Court ruled that KSR does not change existing law, noting that the Supreme Court limited its comments to the case at bar, not intending to affect the state of the presumption as a whole. The Court declined to provide the jury with any instruction altering the presumption of validity or the burden of proof.
A copy of the full opinion is available here.
