Section 295’s Potent but Overlooked Remedy in Process Patent CasesBy: Lisa Phillipson November 11, 2020 at 12:15 pm Publication: IPWatchdog.com | Patents & Patent Law

One of the first rules of patent litigation is that the patentee has the burden of proving infringement. Except that’s not always the case. For over three decades, 35 U.S.C. § 295 has allowed a process patentee to flip that burden and require the alleged infringer to disprove infringement  Read More>>

Categories   Guest Contributors, IP News, IPWatchdog Articles, Litigation, Patents, Federal Circuit, Guest Contributor, intellectual property, patent, patent infringement, Patent Litigation, process patent, rebuttable presumption, Section 295