The article discusses the Federal Circuit's ruling in Sage Products, LLC v. Stewart, which highlights the legal construct of PHOSITA, or Person Having Ordinary Skill in the Art. The case illustrates how courts attribute an unrealistic breadth of knowledge and capabilities to this hypothetical figure, exemplified by the court's imputation of British regulatory knowledge to a U.S. innovator in a dispute over sterilized chlorhexidine products. This growing disconnect raises concerns about patent law's fairness and effectiveness as it progressively diverges from what can be expected of actual inventors and artisans.
In this case involving sterilized chlorhexidine products, the court imputed detailed knowledge of British regulatory standards to a U.S.-based innovator.
PHOSITA is typically the antagonist, attempting to undermine our hero, the inventor. PHOSITA didn't invent, but now says that he would have done so.
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