US EditionPHOSITA is no Ordinary Person
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PHOSITA is no Ordinary Person
by Dennis Crouch In this post, I use the Federal Circuit's recent decision in Sage Products, LLC v. Stewart, Appeal No. 23-1603 (Fed. Cir. April 15, 2025) to delve into the increasingly fictional construct at the center of patent law: the Person Having Ordinary Skill in the Art (PHOSITA). In our stories, PHOSITA is typically the antagonist, attempting to undermine our hero, the inventor. PHOSITA didn't invent, but now says that he would have do…
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