Posts Tagged: hindsight


SharkNinja Denied by PTAB, IPR Petition to Vacuum Cleaner Hose Patent Not Instituted

The Patent Trial and Appeal Board issued a decision denying the institution of an inter partes review (IPR) proceeding petitioned by home appliance developer SharkNinja. The decision …
By Steve Brachmann
2 years ago 1

Conjecture and Speculation in Patent Obviousness: Trading Logic for Hindsight

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 …
By Hans Sauer & Melissa Brand
2 years ago 7

PTAB Ruling Tainted by Hindsight; Failure to Consider Undisputed Commercial Success

The Federal Circuit also remanded to the Board further consideration of the undisputed evidence presented by Polaris that its ATVs were a commercial success. Polaris presented undisputed …

Federal Circuit Affirms PTAB Decision on Obviousness, Judge Newman Dissents

The Court’s opinion stresses that in an obviousness analysis, it should consider “whether the improvement is more than the predictable use of prior art elements according …