Posts Tagged: "cya"

If you believe that prior user rights are insignificant and don’t deserve discussion you have permission to keep your head firmly planted in the sand. Everyone else keep reading. Think of all that will easily be fair game in discovery. The defendant has the burden of proof and controls the evidence. Judges are going to allow liberal discovery, particularly where the evidence is uniquely held by the defendant and cannot otherwise be obtained by the patentee. When things go wrong it will be the lawyers who are at the short end of the pitch-fork. Don’t let that be you!