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In a patent infringement case involving methods of managing bulk e-mail distribution to groups of targeted customers, district court's grant of summary judgment in favor of defendant in concluding that the claims were invalid for obviousness is affirmed where: 1) while an analysis of obviousness always depends on evidence that supports the required Graham factual findings, it also may include recourse to logic, judgment, and common sense available to the person of ordinary skill that do not necessarily require explication in any reference or expert opinion; 2) the predicate evidence on which the district court based its common sense reasoning appears on the record and also adequately explained its invocation of common sense; and 3) plaintiff failed to show a long-felt and unmet need that existed on the patent's filing date as a secondary consideration of obviousness.
Appeal from: United States District Court for the Southern District of Florida
Decided December 2, 2009
Opinion by Circuit Judge Linn
For Appellant: John C. Carey, Carey Rodriguez Greenberg & Paul LLP.