How To Determine Whether "Common Sense" Could Supply A Missing Limitation? Ask A Reasonable Juror

As previously reported, the appeal in Fullview v. Polycom, No. 23-1201, involved the question of whether common sense may be relied upon to supply a missing limitation in an obviousness analysis. On Monday, April 29, 2024, the Federal Circuit issued a non-precedential opinion reversing the grant of summary judgment of non-obviousness and affirming the denial of summary judgment of obviousness.

The patent claims at issue are directed to a panoramic viewing apparatus with cameras, a pyramid-shaped element, and a supporting member connecting the two. The parties agreed that the asserted prior art reference disclosed all of the claimed components apart from a contiguous support member "intersecting" the pyramid-shaped element.