Wednesday, April 1, 2015

That's not much of a presumption of validity....

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?
Invalid.

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)