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Old 10-01-2009, 10:35 PM
jacmyoung jacmyoung is offline
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Join Date: Jun 30th, 2007
Location: Sacramento, CA
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Quote:
Originally Posted by TheKrell View Post
So it's not just the PTO that can invalidate dumb-$$$ patents!
A jury can invalidate a patent too, but for a judge or a jury to invalidate a patent, the moving party (usually the defendants accused of infringement) must prove by clear and convincing evidence that the patent is invalid.

In a PTO reexamination, the requester/PTO only need substantial evidence to invalidate a patent, the standard of proof is much lower with the PTO.

In this case it appears those patents in question were really "dumb-$$$ patents".
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