For now, the patent owner must support its motion to amend by advancing evidence that the proposed claims comply with the AIA, but the ultimate burden of persuasion on patentability will rest on the petitioner. (brookskushman.com)
Reyna argued that moving parties generally bear the burden of producing evidence pertinent to assessing the issue to be considered, even if they donot bear the ultimate burden of persuasion. (brookskushman.com)
Any presumption of unreasonableness has to be non-binding and should not be used to «insist that one side, or the other, shoulder a particular burden of persuasion or proof lest they lose their case.» (sentencing.typepad.com)