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: Patently ObviousInvestigating Patent Law?s Presumption of Validity?An Empirical Analysis
By Dennis Crouch, Esq.
Etan Chatlynne reports post-KSR patent validity decisions with a special focus on the presumption of validity and the clear and convincing standard for rebutting that presumption. He finds that the presumption and evidentiary standard did not affect thirty-eight of forty-five (84%) Federal Circuit invalidity determinations made between April 2008 and June 2009. The standards may have affected the remaining seven of forty-five (16%) determinations. [Download Chatlynne.PresumptionofValidity.Final]
Etan Chatlynne, Investigating Patent Law?s Presumption of Validity?An Empirical Analysis, 2010 Patently-O Patent L.J. 37.
Full post as published by Patently Obvious on March 05, 2010 (boomark / email).
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