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is a junior at St. Olaf College in Northfield, Minnesota. He is majoring in Political Science and Environmental Studies. He is currently an intern at Evan Guthrie Law Firm and contributor at PreLaw Land.
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When an individual or company challenges the validity of a patent, “the burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity.” In other words, the challenger bears the burden of demonstrating that the patent is invalid—the individual or company holding the patent need not show that the patent is valid. However, the text of the statute is silent on the precise nature of the challenger’s burden.