Meowza....that’s the most beautiful thing you ever said. Spot on. USPTO granted the patents, yet judge du started with a completely opposite determination. Then said the secondaries did not rise to overcome the initial primae fascia. In criminal court your presumed innocent. In DU’s court, granted patents were presumed invalid from the start. If that is not shifting the burden I don’t know what is. Factor in the weighing and it’s a complete shit show of the highest magnitude. Cropped table. Cropped table in the opinion. Mathematically and statistically wrong. Then judge dyk calling her a he...is he woked or something? Wtf?
Meowza, I agree with your take on burden shifting. In my opinion so does the supreme court. Twords the end of the graham ruling it states the principals should first be applied by USPTO then by the courts. Once the USPTO has reached a conclusion, based on the graham factors, that a patent should be issued. The court should only move forward with a presumption of validity. Sleven,
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