Mallard Beakman's avatar
Mallard Beakman
mallardbeakman@iris.to
npub1vsl4...und7
Atlanta. COVID sanity. Bitcoin not crypto. Gay not LGBT. Former biochemist turned patent litigator.
Yesterday: "Miners won't get enough money to secure the network. Bitcoin is dead!" Today: "The impoverished citizens of Zamunda can't pay for coffee on-chain. Bitcoin is dead!"
The "preponderance of evidence" burden of proof in civil cases basically means >50% certainty. "Beyond a reasonable doubt," in criminal cases, is a much higher burden. Invalidating a patent in court requires something in between: clear and convincing evidence. image Although The Patent Act of 1952 codified the presumption at 35 U.S.C. § 282(a), it has ancient roots. "[T]here is a presumption of validity, a presumption not to be overthrown except by clear and cogent evidence." Radio Corp. of Am. v. Radio Eng'g Labs., 293 U.S. 1, 2 (1934). The oldest Supreme Court case I could find reflecting this concept is from 1869. "Application for a patent is required to be made to the commissioner appointed under authority of law, and inasmuch as that officer is empowered to decide upon the merits of the application, his decision in granting the patent is presumed to be correct." Agawam Co. v. Jordan, 74 U.S. 583, 597 (1869) But there's a way to get around this: while the "presumption of validity" applies in the courts, the "preponderance of evidence" standard applies at the USPTO. Thus, an accused infringer may do well to file a request for reexamination of the asserted patent at the USPTO.
Someone took ALL the leftover Chinese food in the fridge, and I'm trying to figure out who it was. image
Ever wondered what's actually in a patent? Let's take a look. Brace yourself. It gets weird.🧵 image
Have you ever tried to orange pill someone who ended up being the worst little shit ever?
Impressive tornado in North Central Iowa today. Captured by Paul Spooner.
Do you have any questions about patents, copyrights, or trademarks? Let me know. I'd like to write some blog posts and am looking for topics.
In IP litigation, I find representing accused infringers is usually the most morally rewarding. But representing aggressive plaintiffs is especially fun.
Fun fact: Bryan Cranston learned how to skate in less than two weeks for this episode of Malcolm in the Middle. A double was used only for a hand stand and a cartwheel
I mentioned to my therapist I got nipped by someone else's pet dog in my building 10 days ago and he freaked me the fuck out about rabies. Based on my research, I can (1) spend all night at the ER to get a $10,000+ rabies shot or (2) accept an infinitesimally higher risk of death. I chose (2).