Clear And Convincing Evidence In Invalidity Defense

Law360, New York (July 21, 2011, 3:55 PM EDT) -- On June 9, 2011, the U.S. Supreme Court issued a unanimous opinion (8-0, with the chief justice recused), holding that 35 U.S.C. § 282 establishes a presumption of patent validity that an alleged patent infringer must overcome by clear and convincing evidence in all circumstances. The decision affirmed the "clear and convincing" evidentiary standard long applied by the Federal Circuit and leaves the law largely where it has been for more than 50 years.

The decision also provides guidance to patent litigants and lower courts as...
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