A Developing Defensive Tool in Patent Litigation

For as long as patent litigation has existed, accused infringers have vigorously defended against accusations of infringement by attacking the validity of the patent being asserted. Such pursuits traditionally required accused infringers to prove to a nonexpert jury, by clear and convincing evidence, that other prior art material existed (i.e., inventions that pre-dated the patented invention) such that the patent at issue should have never issued.

https://www.law.com/dailybusinessreview/2020/03/04/a-developing-defensive-tool-in-patent-litigation/