by Steve Reiss of www.reisspatents.com
CHIEF JUSTICE ROBERTS: You mentioned the presumption of validity. What percentage of patents that are challenged are found to be valid?
MR. WERBNER: Well, Your Honor, from the briefing, it appears a high number; 40 percent was an
estimate. I don't know how...
CHIEF JUSTICE ROBERTS: Well, 40 ... 40 percent of the patents are are found to be valid?
MR. WERBNER: Invalid.
CHIEF JUSTICE ROBERTS: Invalid. So only 60 percent are upheld. That's not much of a presumption of validity.
From Oral Arguments in COMMIL USA, LLC. v. CISCO SYSTEMS, INC. (March 31, 2015)