The Patent Shoppe
  • Home
  • Firm Information
    • Areas of Practice
    • Firm Philosophy
    • Services and Pricing
  • Personnel
    • Patrick J. Lavender
  • Insight
  • Links
  • Contact Us

What is the "presumption of validity" as it relates to patents?

12/2/2016

 
All patents are presumed to be valid, and so the burden of overcoming that presumption rests with the accused infringer (See Apotex USA, Inc. v. Merck & Co., 254 F.3d 1031, 1036 (Fed. Cir. 2001)).  This presumption can only be overcome with "clear and convincing evidence" of invalidity (Intellectual Property Development Inc. v. UA-Columbia Cablevision of Westchester Inc., 336 F.3d 1308, 1319 (Fed. Cir. 2003)).  The "clear and convincing evidence" standard is something less than "beyond reasonable doubt" (the standard employed in criminal cases) but something more than a "preponderance of evidence" (the standard employed in most civil cases).  

Comments are closed.

    Insight
    ( Official Blog )

    RSS Feed

© COPYRIGHT 2015, THE PATENT SHOPPE. ALL RIGHTS RESERVED. THIS WEBSITE IS PUBLISHED BY THE LAW FIRM THE PATENT SHOPPE. ITS CONTENTS ARE NOT INTENDED TO SERVE AS LEGAL ADVICE OR LEGAL OPINION. SUCH ADVICE MAY ONLY BE PROVIDED WHEN RELATED TO SPECIFIC FACT SITUATIONS THAT THE PATENT SHOPPE HAS BEEN RETAINED AS COUNSEL TO ADDRESS.