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Re: A deleted message

Friday, 04/03/2020 7:53:41 PM

Friday, April 03, 2020 7:53:41 PM

Post# of 425847
I found the judge ruling. The first paragraph of the discussion seems to me that is shifting the burden of proof for the secondary to plaintiffs.

I know others have said it is not that clear case, but I find it problematic:



23 2. Discussion
24 The Court first discusses Defendants’ prima facie obviousness case, which the
25 Court finds Defendants supported with clear and convincing evidence of obviousness at
26 Trial, and then discusses each of Plaintiffs’ proffered objective indicia of nonobviousness.
27 The Court will go on to explain why the Court does not find that Plaintiffs’ proffered
28 evidence of secondary considerations saves the Asserted Claims.


See the bolded area, I would have found more appropriate to describe how the defendant have proved beyond doubts that the secondary considerations are invalid instead.
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