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biomaven0

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biomaven0

Re: rwwine post# 128013

Saturday, 10/08/2011 2:24:16 PM

Saturday, October 08, 2011 2:24:16 PM

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Are you saying that MNTA must prove the "validity" of their own patents to win?



Yes. Patents are only really fully tested in litigation. There is of course a presumption of validity because they are issued patents, but the degree of scrutiny a patent undergoes when it is challenged in litigation is a completely different order of magnitude than the scrutiny it initially received at the USPTO.

Peter
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