Invalidity Must Be Clear And Convincing: High Court

Law360, New York (June 09, 2011, 12:06 PM ET) -- The U.S. Supreme Court on Thursday determined once and for all that patent invalidity must be proved by clear and convincing evidence, denying a request by Microsoft Corp. to lower the evidentiary standard in a closely watched case.

In an 8-0 decision written by Justice Sonia Sotomayor affirming a $290 million infringement verdict against Microsoft in a case brought by i4i LP, the high court ruled that invalidity cannot be proved by only a preponderance of the evidence, as the software giant had sought.

"Microsoft had...
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