Category Archives: Burden of Proof

Supreme Court: Evidence Of Invalidity Must Be “Clear And Convincing”

On June 9, 2011, the Supreme Court rejected Microsoft’s contention that a preponderance of the evidence should be sufficient to establish patent invalidity in an 8-0 (Roberts abstained) opinion, which affirmed the Fed. Cir.’s opinion (for a change). (The decision … Continue reading

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Federal Court Hears Myriad Gene Case This Morning

The following is a guest post from Ann McCrackin. I attended oral arguments at the CAFC on Monday for Association for Molecular Pathology v. Myriad Genetics, Inc.   The three-judge panel included Judge Bryson, Judge Lourie and Judge Moore.  Most of the … Continue reading

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Siemens v. Saint-Gobain – What’s Sauce For The Goose May Leave The Gander Unscathed

Contributed by Jim Nelson, J.D., Ph.D. of Schwegman Lundberg & Woessner, P.A. The Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, Inc., (a copy is available at the end of this post) case presents a fundamental issue and … Continue reading

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