'Ordinary' Skill In The Art After KSR

Law360, New York (February 6, 2009, 12:00 AM EST) -- In patent litigation, the theoretical person of ordinary skill in the art (“POSITA”) arises in a variety of different contexts such as claim construction and obviousness determinations.

The POSITA is also critically important to analysis of enablement issues, i.e., whether a patent’s specification (its description of the invention) enables a POSITA to make and use the invention without undue experimentation.

In an enablement determination, courts look to numerous factors to determine whether a POSITA could make and use the claimed invention based on the disclosure in...
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