New definitions for inclusion in future editions of A Dictionary of Intellectual Property Law. Suggestions for new entries, or comments on existing ones, gratefully received on the blog or by email (using the contact form at the foot of the page).
The art of writing is the art of discovering what you believe.
Gustave Flaubert
Gustave Flaubert
Friday 15 July 2011
Preponderance of the evidence
Putative standard of proof for patent invalidity under US law argued for unsuccessfully by the plaintiff in Microsoft Corp v I4I Limited Partnership et al, 564 US (2011), 9 June, 2011. The Supreme Court held that the burden that the challenger had to discharge was to show that the patent was invalid by clear and convincing evidence.
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