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marjac

03/27/21 2:30 AM

#331635 RE: Bouf #331625

A healthy skepticism is good, Bouf, and nothing wrong with putting our theories to test. In response I would say:

1) Patents are presumed valid.

2) Defendants have the burden to establish obviousness through clear and convincing evidence.

3) Judge Du based her prima facie obviousness finding largely on Mori and Kurabayashi.

4) Under Daubert, scientific evidence must have a reliable foundation, and be based upon sound science.

5) Curfman, Bhatt, Jarvis, and HK, conclusively establish Mori and Kurabayashi cannot legitimately be relied upon to establish prima facie obviousness.

6) Without Mori and Kurabayashi, Defendants cannot meet their burden of clearly and convincingly proving prima facie obviousness.

7) Consequently, the Judgment should be vacated.

Your skepticism should be replaced with optimism. Your doubt should be replaced with conviction.