Results for hindsight

Mintz v. Dietz & Watson

Case Number: CLB0286

Date: 05.30.2012

In determining obviousness, the use of hindsight is “forbidden” and “prohibited.” Such bias may be avoided in several ways, including requiring that “common sense” be clearly articulated, avoiding the use of the patent itself in defining the problem the invention solves, and emphasizing the need to analyze the objective indicia of nonobviousness.

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