Hindsight bias, the phenomenon that things seem more predictable and obvious after they have occurred, is one of the most widely-studied “decision traps” in psychology… Patent litigation plays right into such human limitations, which affect judges and jurors alike. Patents are often litigated many years after the invention was made, and very often those who are accused of patent infringement will argue that the invention was obvious at the time it was made and a patent was applied for… And we accept a surprising amount of other conjecture in this analysis. For example, judges and jurors are told about a contemporaneous hypothetical person that – despite having only ordinary skill in the relevant technology – would have had super-human knowledge of all then-existing technical information, was fluent in every language under the sun, and would have done insane things to access information sources.
The post Conjecture and Speculation in Patent Obviousness: Trading Logic for Hindsight appeared first on IPWatchdog.com | Patents & Patent Law.
Recent Posts
- Other Barks & Bites for Friday, September 6: House Version of PERA Introduced; Judicial Council Confirms Extension of Newman Suspension; OpenAI Asks Court to Dismiss Claims and Focus on Fair Use in Copyright Battle
- How to Satisfy Constitutional and Statutory Standing Requirements in Patent Infringement Actions
- Book Publishers Win at Second Circuit: Internet Archive’s Free Library is Not Fair Use
- Trump Ordered to Halt Use of Isaac Hayes Song
- SoftView Petitions Full Federal Circuit to Rehear Decision on Patentee Estoppel at USPTO