Establishing The Weight Of Evidence After Sciele

Law360, New York (August 13, 2012, 1:18 PM EDT) -- Patents are presumptively valid under 35 U.S.C. § 282 and can be proven invalid only by clear and convincing evidence. Thus, accused infringers hoping to prove a patent invalid must do so by satisfying a heavy burden. This is partly based on “the basic proposition that a government agency such as the then Patent Office [is] presumed to do its job.” [1] But critics complain that such great deference to the Patent Office makes little sense when measuring a patent against prior art that the Patent...
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