Ou71764.......Boomstick1776 posted this on Yahoo.
Thought this would interest you. I hope all is well with you and are gearing up for the holidays.
Intel's IPR appeal filings and "obvious-to-try" arguments: Intel is arguing that HDVY's patent was "obvious-to-try" by a person of ordinary skill in the art (POSITA). In court rulings (KSR, 2007), obviousness is looked at in these ways:
1. If the invention a product of combining prior art elements according to known methods to yield predictable results the invention is obvious.
2. If the invention is created through a substitution of one known element for another to obtain predictable results the invention is obvious.
3. If the invention is achieved by using a known technique to improve a similar device in the same way the invention is obvious.
4. If the invention is created by applying a known improvement technique in a way that would yield predictable results the invention is obvious.
5. If the invention is achieved from choosing a finite number of identifiable, predictable solutions that have a reasonable expectation to succeed the invention is obvious.
6. If known work in one filed of endeavor prompts variations based on design incentives or market forces and the variations are predictable to one of skill in the art the invention is obvious.
While Intel's arguments might seem like they have HDVY, there are a few pieces of HDVY's patent that are very strong. One, it was obvious because it took the "research arena" years to come up with it. Two, SVM-RFE had the unexpected benefit of speed when performing the function against immense datasets. Three, SVM-RFE has the unexpected benefit of high accuracy when performing against immense datasets.
Therein lies the meat of SVM-RFE. While "expert testimony" of POSITA's from Intel may suggest that it was obvious to put the combination together, it was not. Previous POSITA's actually recommended against it because they thought it was too "computationally expensive" (ie. impractical). Little did they know...and thus it was not obvious.
Ride on!!
