Quote for the day — Judge Stoll

But “[t]he inventor’s own path itself never leads to a conclusion of obviousness; that is hindsight. What matters is the path that the person of ordinary skill in the art would have followed, as evidenced by the pertinent prior art.” Otsuka Pharm. Co., v. Sandoz, Inc., 678 F.3d 1280, 1296 (Fed. Cir. 2012). Given the record on appeal, as with OSI, we are left to conclude that “[i]t is only with the benefit of hindsight that a person of skill in the art would have had a reasonable expectation of success in view of the asserted references.” OSI Pharms., 939 F.3d at 1385.

UNIVERSITY OF STRATHCLYDE v. CLEAR-VU LIGHTING LLC, No. 2020-2243 (Fed. Cir. Nov. 4, 2021)(slip op. at 18).

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