In a White Paper published by Askeladden LLC’s Patent Quality Initiative, we analyze the proper role of a the presumption of validity for claims that have been amended in post-issuance proceedings ...
The Bankruptcy Code creates a rebuttable presumption that a proof of claim is prima facie evidence of the claim's validity and amount. Courts disagree, however, over whether that presumption also ...
Before Newman, Lourie, and Prost. Appeal from the United States District Court for the District of Massachusetts. Summary: A trademark is entitled to a statutory presumption of validity even if the ...
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision affirming the grant of a narrowly-tailored preliminary injunction to SoClean, Inc., a medical device ...
In Microsoft v. i4i, The U.S. Supreme Court recently affirmed that the presumption of validity is high for an issued patent and that invalidating it requires an extremely strong case. In particular, ...
The US Supreme Court has rejected the argument that a good faith belief in a patent’s invalidity is a defence against liability for inducement to infringe In Commil v Cisco, the defendant Cisco argued ...
Part of a series on Reading Law: The Interpretation of Legal Texts, by Justice Antonin Scalia and Bryan A. Garner Justice Scalia and Bryan Garner’s fifth fundamental principle—“An interpretation that ...
Jennifer Jones of Bird & Bird explains that there is now a rebuttable presumption of a valid priority right after a ruling by the EPO’s Enlarged Board of Appeal The EPO’s Enlarged Board of Appeal (EBA ...
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