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Section 101 Decisions Clarify 'Clear And Convincing Evidence'

Law360 (March 13, 2018, 2:22 PM EDT) -- Since the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank International,[1] many practitioners have been confused about whether the presumption of validity and proof by clear and convincing evidence still apply when a patent has been challenged under § 101, particularly at the pleadings stage. But in a series of three recent Federal Circuit decisions — Berkheimer v. HP Inc., [2] Aatrix Software Inc v. Green Shades Software Inc.[3] and Exergen Corp. v. KAZ USA Inc. [4] — the Federal Circuit appears to have...
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