A Response to Recommendation No. 2 of “To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy”, a Report by the Federal Trade Commission

Report of American Intellectual Property Law Association, 2004
April 2004

Partner Bob Baechtold and associate Dennis Gregory wrote this response disagreeing with the Federal Trade Commission’s recommendation that Congress enact legislation to reduce the burden of proof on facts leading to invalidity from ‘clear and convincing’ to ‘a preponderance of the evidence’.

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