I have always felt that SOLM had a much better shot at this particular litigation than the previous round with the ITC. The difference is the burden of proof. As I understand it, in this round, they do not have to prove their case "by clear and convincing evidence," but by the usual civil standard of "a preponderance of the evidence." I personally believe that, given the history of TOY's involvement with SOLM, they can meet that standard easily. This is supported by the fact that they won many of the points at issue in the ITC case. But they had to win all of them to prevail.
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