Eagle View Techs., Inc. v. Xactware Solutions, Inc.

The linguistic distinction is important in order to apply the correct burden of proof. Under 35 U.S.C. § 282, a U.S. patent is afforded a statutory presumption of validity. A party seeking to prove an *404invalidity defense to infringement-such as patent ineligibility under § 101 -can overcome this presumption only by clear and convincing evidence.4 Microsoft Corp. v. i4i Ltd. Partnership , 564 U.S. 91, 97, 131 S.Ct. 2238, 180 L.Ed.2d 131 (2011). Thus, the motion seeks to have this Court determine whether the relevant granted claims are patent ineligible under 35 U.S.C. § 101, and thus invalid.…