In part, this reflects the available options at each forum--in the district court, where all infringement and invalidity
arguments (and full discovery) are available, litigation is generally more expensive than proceedings before the PTAB.
Therefore, during litigation, where both invalidity
and infringement are often challenged, the parties must strike a careful balance in pursuing constructions of disputed claim terms.
 Therefore, although parts of sections 15 and 16 were declared invalid, 'justice and equity warrant that their invalidity
should be suspended for a period of 18 months in order to allow Parliament to remedy the defects in the statute'.
jury of its invalidity
defense by clear and convincing evidence may be
most often include assertions of non-infringement, invalidity
(17) Because the S4 software was never submitted to the PTO examiner, Microsoft challenged i4i's proposed jury instruction that Microsoft was required to prove invalidity
by clear and convincing evidence.
Associate Justice Sonia Sotomayor, who wrote the opinion, said the Supreme Court also rejected Microsoft's contention that it only needs to persuade a jury of a patent's invalidity
by a "preponderance of evidence." The Windows operating system developer said using this lower standard of proof would make some "bad" patents easier to invalidate while promoting innovation and competition.
benefit figures for Middlesbrough, Stockton and Redcar are apparently higher than jobseekers' allowance figures.
So did Maggie Thatcher when she cynically shifted people on to invalidity
benefit to massage the unemployment figures down.
The Court of Appeals vacated the district court's orders granting summary judgment of non-infringement and invalidity
of the LMA patent.
Cases included people in wheelchairs, who had claimed invalidity
benefit, later seen dancing in Spanish night clubs.