While views may vary, we believe firmly that witness preparation should involve asking witnesses the tough questions, for several reasons: First, we would argue it is better to pose a tough or ...

While courts have often warned that hindsight bias should be avoided when assessing whether a patented invention would have been obvious to the skilled person, the application of this principle can be ...

Have you ever found yourself saying, “I saw that coming”? If so, you may have been wrong. Hindsight bias, sometimes referred to as the “knew-it-all-along” effect, is a common cognitive bias that ...

This post was written by Michael Pompian for Morningstar Advisor.com, where it initially appeared. People today are not retiring the way they used to. The days of the retirement party, the gold watch, ...

It is well known that hindsight reconstruction is an insidious error that infects patent prosecution. The Federal Circuit has noted that it is a difficult task to ...