Reply Brief in Support of KSR's Motion for Summary ... - Fried Frank

invalidity under 35 U.S.C: § 103 (a) (Wilemsen DecL. irir 1-22, 32-44 & Exs. 1-2,8-12;Krger DecL. irir 4-6,25-30 & Ex. 1; see KSR Main Br. at 1-11, 19-35 & Exs. 1,5-12).Thus, under Fed. R. Civ. P. 56(c) and (e), this Cour can and should determinethat there is no genuine issue to be tred as to any of the following facts:Backeround-- As of Januar 26, 1998, the design of accelerator pedals installed in cars andlight trucks sold in the United States was substantially determined by the tye of engineand fuel system that an automaker specified was going to be installed in a vehicle(Willemsen Decl. irir 11,22).-- As of Januar 26, 1998, an increasing number of vehicles sold in the UnitedStates came equipped with electronic throttle control systems ("ETC's"), because suchsystems offered varous operational advantages over cable-actuated throttle controlsystems such as reduced emissions, improved fuel economy, simplified cruise controls,and improved slip reduction (Wilemsen Dee!. irir 9, 34; see KSR Main Br. at 23-24 &Exs. 7-8).-- As of January 26, 1988, vehicles equipped with electronic throttle controls, bytheir very natue~ required the use of electronic sensors capable of sensing an acceleratorpedal's position and emitting electrical signals corresponding to the pedal's position(Wilemsen Decl. ir 11,22).-- As of Januar 26, 1998, whether a vehicle pedal assembly actuated a cable, oran electronic position sensor, was dependent on the type of fuel system the pedal was ,being designed to actuate (Wilemsen Decl. ir 22).2