Patent Attorney and Founder
Hi I’m JD Houvener your host of the bold Today Show were you the inventor entrepreneur or business owner get your daily dose of inspiration so you can make the world a better place [Music] we’re in part two of our 10-part litigation series this is all about how to get around infringement and how to define it into a jury what burden does the plaintiff have to show that the defendant is indeed infringing so burden right what does it mean well you may have heard of this in the criminal law context beyond a reasonable doubt right that’s the high the probably the highest level of burden that the plaintiff has to show right the state has to show that the defendant the criminal is guilty the crime beyond any reasonable doubt you know that is that’s beyond a preponderance beyond a convincing amount even beyond likely guilty right there’s just not a shadow of a doubt that the individual is guilty that’s the highest level of burden for patent litigation the burden of proof is actually a preponderance a preponderance simply means more likely than not that’s it that’s all the plaintiff has to go to show and demonstrate to the jury that it’s more likely than not that the accused infringed product is infringing the patent claims so that’s it when it comes to infringement that’s the duty of what the plaintiff has to show in their attorney through the Markman hearing through the different claims processes and their expert witnesses that’s the burden that needs to be shown so if any questions about patent litigation we’re going to go through a lot of these to this this coming week and next week if you have any more questions about that please go to our website at bold patents com we’ve got some great information about patent litigation and all the prosecution steps that come before that I’m your host JD Houvener of the bold Today Show go big go bull
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