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Kodak Survives Summary Judgment Motion on Obviousness

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, C.A. No. 04-1373-KAJ (D. Del. Nov. 3, 2006).

Plaintiff Ampex Corp. moved the Court for partial summary judgment that the patent at issue was not invalid (a.k.a. valid) based on several combinations of prior art references. Ampex argued that the proponent of obviousness is required to present an element-by-element comparison of the claims to each prior art reference. The Court, however, found Kodak�s identification of the references in each combination and disclosure of the references� features believed to be relevant to the claim invention sufficient to survive a motion for summary judgment.

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