Sentence examples for Presumption of validity from inspiring English sources

§ 458.28 Presumption of validity.

Its determination is subject to judicial review; but the usual presumption of validity attends the enactment.

Of course, the practice buttressess the presumption of validity that attaches to every Act of Congress.

They say the Florida law suggests that certification gives a new presumption of validity to the results that is not present during the protest phase.

An issued patent, even if it is invalid, is entitled to a presumption of validity, and expensive litigation may be required to overcome this presumption.

The government next argues that the Court of Federal Claims erred by failing to treat the presumption of validity as rebuttable.

The Court of Federal Claims first noted that Mr. Gaylord was entitled to a prima facie presumption of the validity of his copyright registrations.

Acceptance of a notice by the Copyright Office is effective as to any reliance parties but shall not create a presumption of the validity of any of the facts stated therein.

To overcome the presumption of the validity of certified election results, appellants were required to prove, by clear and convincing evidence, (1) "substantial noncompliance" with a mandatory statutory duty by the canvassing boards, and (2) that there was a "reasonable probability" that such alleged noncompliance would affect the outcome of the certified election results.

On the other hand, endowing a copyright claimant who has obtained a certificate with a rebuttable presumption of the validity of the copyright does not deprive the defendant in an infringement suit of any rights, it merely orders the burdens of proof.

The Patent Hawk notes: "The presumption of patent validity is stripped bare.