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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Presumption of Validity | 393 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Presumption of Validity
Authored by: rsteinmetz70112 on Wednesday, July 10 2013 @ 10:09 AM EDT
I believe the law is that patents are presumed to be valid and the defendant has
the responsibility of overcoming that presumption by showing they are invalid.
It's a matter of where you start and the level of proof necessary to overcome
the presumption.

Also the standard of proof required for proving a patent invalid is clear and
convincing evidence (a high probability) rather than the preponderance of the
evidence (more likely than not) used in most civil cases, because presumably the
PTO has done it job.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | Parent | # ]

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