Sciele Pharma Inc. v. Lupin Ltd.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing Court may afford less weight to references that were before the PTO
• explaining that “whether a reference was before the PTO goes to the weight of the evidence,” and “it may be harder to meet the clear and convincing burden when the invalidity contention is based upon the same argument on the same reference that the PTO already considered”
• “Whether a reference was previously considered by the PTO, the burden is the same: clear and convincing evidence of invalidity.”
• “Whether a reference was previously considered by the PTO, the burden is the same: clear and convincing evidence of invalidity.”
• “Whether a reference was previously considered by the PTO, the burden of proof is the same: clear and convincing evidence of invalidity.”
• “Whether a reference was previously considered by the PTO, the burden of proof is the same: clear and convincing evidence of invalidity.”

Source: CourtListener parenthetical corpus (CC0).