Maintaining The Standard Of Proof On Invalidity

Law360 (February 9, 2011, 6:35 PM EST) -- In the case of Microsoft v. i4i, the U.S. Supreme Court this year will address the standard of review in proving patent invalidity. Microsoft and its 11 amici argue that the applicable standard should be a preponderance of the evidence — at least where the U.S. Patent and Trademark Office did not consider the prior art at issue — rather than the long-standing clear and convincing evidence standard based on the statutory presumption of patent validity under 35 U.S.C. § 282....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!