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Appealed from: U.S. District Court for the District of Kansas Judge John W. Lungstrum

This is a patent infringement suit in which Michael L. McGinley charges Franklin Sports, Inc. (“FSI”) with willful infringement of claims 1, 2, 6, and 7 of U.S. Patent No. 5,407,193 (“the ’193 patent”). On summary judgment, the United States District Court for the District of Kansas ruled in favor of McGinley on the issue of infringement, and the case proceeded to trial on the issues of validity and willfulness. The jury found that the asserted claims were not invalid and were willfully infringed. On a subsequent motion filed by FSI for judgment as a matter of law (“JMOL”), the trial court set aside the jury verdict on validity, holding that the asserted claims of the ’193 patent are invalid as obvious pursuant to 35 U.S.C. � 103(a).

McGinley appeals the district court’s grant of JMOL of invalidity and the earlier denial of McGinley’s motion for leave to amend the complaint to join his business, S.C. Products, Inc. (“SCP”), as an additional plaintiff. On cross-appeal, FSI challenges the district court’s grant of summary judgment in favor of McGinley on infringement and the denial of its motion for a new trial on willfulness.

 
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