From Dennis Crouch's site, Patently Obvious...Dennis Crouch’s website, Patently O, all the KSR v. Teleflex briefs. And more. Many comments, for example, addressing the question of hindsight in detail.

Most of the patent bar's experience is with filing, rather than with litigating cases. (This is true simply because so many more patents are filed than are ever litigated). As I noted in our brief, this gives their vast experience a dimension that might--and might not--skew their arguments about obviousness in the direction of predictability, familiarity, and ease of application for the filing claimant. But this is not necessarily the best angle from which to approach the question of the best rule to be applied once the patents get to court. So solve the problem of hindsight at the PTO some other way (I don't mean apply some other legal standard, that wouldn't make sense, rather, I mean some other institutional device or methodology in the absence of ready access to real-life PHOSITA's).

posted by Solveig Singleton @ 7:39 AM | Patents, Supreme Court

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