- "[W]e now hold that an accused infringer cannot obtain the benefit of the lower burden of proof that prevails in an interference proceeding simply by alleging, as a defense to infringement, that the asserted patent is invalid based upon a co-pending patent unless common claimed subject matter is first identified and an adjudication of priority is sought."
Friday, June 24, 2011
Invalidity (Burden of Proof)
CREATIVE COMPOUNDs, LLC. .V STARMARK LABORATORIES
Posted by Shawn T. Gordon at 8:51 AM