Fed. Circ. Nixes Microsoft's En Banc Bid In Alcatel Spat

Law360, New York (November 23, 2009, 6:48 PM EST) -- The U.S. Court of Appeals for the Federal Circuit on Monday refused an entreaty from Microsoft Corp. to reconsider en banc its evidentiary standard for proving a patent invalid due to prior art, nixing the technology giant's challenge to Alcatel-Lucent’s patent for on-screen tools.

The appeals court rejected without further comment Microsoft's petition for en banc rehearing on its claim that the time was ripe for the Federal Circuit to determine whether invalidity can be proven by the preponderance of the evidence rather than by clear...
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