Proceeding Decision

The validity of a patent-in-suit in an application for provisional measures is secured if the court considers it on the balance of probabilities to be more likely than not that the patent is valid. The burden of presentation and proof for facts concerning the lack of validity of the patent in suit lies with the defendant. Public prior use must prove that all features of the claim have been used previously.

preliminary injunction, weighing of interest, validity of the patent-in-suit