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IP Law360: Will High Court Change Burden of Proving Invalidity?


IP Law360 featured a guest column by David O. Taylor on August 1, 2008, in which he addresses issues surrounding the validity of patents and unresolved questions following the United States Supreme Court decision in KSR International Co. v. Teleflex Inc.


In his article, “Will High Court Change Burden of Proving Invalidity?”, Taylor, an Intellectual Property lawyer in the Dallas office, notes that the court declined to reach an intriguing question: “whether the ‘failure to disclose’ prior art references during prosecution of patent applications ‘voids the presumption of validity given to issued patents.’”


He discusses the law regarding invalidity in the Federal and regional circuits, as well the “clear and convincing” standard for determining patent validity.


Taylor concludes that “Microsoft’s petition addressing the Supreme Court’s view that the rationale underlying the presumption of validity is ‘much diminished’ when prior art references are not disclosed to the PTO is likely the tip of the iceberg.”


To read the full column, please click here.


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