Patent law must adapt to this new reality, particularly in its concept of a “person having ordinary skill in the art” (PHOSITA) – the cornerstone of patent law’s nonobviousness requirement.

3G Licensing, No. 2023-1354, the Federal Circuit held that a person of ordinary skill in the art (POSA) needs not to have the same motivation as the inventor in an obviousness inquiry, re-emphasiz ...

On January 6, 2025, the United States Court of Appeals for the Federal Circuit (“CAFC”) affirmed the decision of the Patent Trial and Appeal ...