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Expert Analysis

PTO Alternatives To Full Litigation

Law360, New York (July 28, 2011, 1:12 PM EDT) -- Instead of a Texas jury, how would you like to challenge patent validity in the U.S. Patent and Trademark Office before three judges, each of whom has "competent legal knowledge and scientific ability"? With discovery limited to depositions of affiants and declarants, and "as justice requires"? With a decision within one year of filing, 18 months at the outside? And with your burden preponderance of the evidence rather than clear and convincing evidence? And with appeal to the Federal Circuit?...

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