KSR Fallout: Questions of Law Based on Findings of Fact and the Continuing Problem of Hindsight Bias

The KSR v. Teleflex decision marked the Supreme Court\u27s first significant return to the issue of obviousness in over four decades. While KSR may make it easier to invalidate a patent by a finding of obviousness, it is unclear how lower courts will implement the decision. The resulting uncertainty presents an opportunity to rethink the jury\u27s role in an obviousness determination. This note discusses current model jury instructions and jury verdict forms, the jury\u27s continuing role in obviousness decisions, and how new jury instructions that conform to KSR\u27s standards can aid lower courts in addressing a jury\u27s use of hindsight