Fictional Characters, Storytelling And Patent Trials

Law360, New York (February 18, 2009, 12:00 AM EST) -- Patent trials are complex matters that require jurors with little or no training in law, business or technology to place themselves in the role of fictional characters playing hypothetical roles.

A common fictional character is the “person of ordinary skill in the art” — also known as POSITA. Patent law requires jurors to make a number of decisions relating to infringement and validity from the perspective of POSITA.

For example, in determining infringement under the doctrine of equivalents, jurors must determine whether POSITA would consider any...
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