RE: Display daily25 Jul 2022 16:08
I tried to have this debate on "infringement" and how it is proven a few months ago (twice) but it drew no responses back then, which is a pity because it seems quite baffling. My understanding, having done a little research, is that it is N's task to demonstrate infringement but once N gets to a certain threshold of having shown that infringement is possible or likely then S has to rebut it, which probably means having to show how it did things instead. This might be a bit rough and ready as this is me trying to understand as best I can the legal burden facing N's patent lawyers, but it means N can effectively reverse the burden one proof once a jury can be reasonably satisfied that S did probably infringe. S has to show its cards eventually if it wants to prove otherwise.