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Mauro Usability Science Introduces First Neuroscience-Based Empirical Ordinary Observer Testing Methodology at IPO Annual Meeting

Mauro Usability Science (MUS) has developed and scientifically validated a system of advanced neuroscience-based consumer testing methodologies for applying the Ordinary Observer Test (OOT) in design patent infringement cases. Founder and President of MUS, Charles Mauro CHFP, recently introduced the system at the Intellectual Property Owners Association (IPO) Annual Meeting in Washington, D.C. on September 26, 2019.

To develop the system, MUS decomposed the legally mandated ordinary observer test (OOT) into its core components and designed individual testing methodologies for assessing a patented and accused infringing design according to each OOT core component. The system is designed to meet the 7-point federal guidelines related to the use of consumer research in patent litigation. The system, which was recently validated through a large-sample consumer study of 900 respondents, integrates data from high-performance eye-tracking, micro-facial expression analysis, advanced statistical analysis and robust online surveys using the iMotions platform.

The new system provides the finder of fact with objective and scientifically valid data related to critical legal questions surrounding the ordinary observer test to better inform the finder of fact’s design patent infringement determination. The system may also be adapted for copyright, trade dress, and utility patent cases. For more information direct message through LinkedIn or email Cmauro@MauroUsabilityScience.Com


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