On May 29, 2012, the U.S. Supreme Court declined “Saint-Gobain SA’s appeal seeking a higher standard of proof in patent cases where the allegedly infringing product is also covered by a patent, the Court’s latest rejection of the idea that evidentiary standards should vary based on specific facts.” This article details out different opinions from attorneys following the case and concluded that most attorneys felt that the “Federal Circuit made the right call in declining to complicate patent litigation by establishing different standards of proof based on certain fact patterns, especially because the scenario in the case occurs very rarely.” Finnegan partner Erika H. Arner said, “Obviousness and the doctrine of equivalents are both such fact-based inquiries that it would be difficult to establish a bright-line rule for when heightened standards should apply. The Federal Circuit majority got it right. There is no perfect solution, I don’t think it would be possible to come up with a precise test.” Ms. Arner also stated, “Given that difficulty and the need for uniformity in patent law, it makes sense that the standard to prove infringement should always be a preponderance of the evidence, rather than trying to carve out rigid rules for different factual scenarios.”
Award/Ranking
Managing IP Americas Awards 2024: Finnegan Shortlisted for Nine Awards, Including Firm of the Year
March 12, 2024
Commentary
February 29, 2024
Press Release
Finnegan Secures Another Patent Victory for BMW Group in the District of Delaware
February 27, 2024
Award/Ranking
Managing IP EMEA Awards 2024: Finnegan Shortlisted for Global Firm of the Year Award
February 19, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.