Supreme Court Weighs Major Shift On Invalidity

Law360, New York (December 10, 2010, 12:55 PM EST) -- The U.S. Supreme Court's decision to hear Microsoft Corp.'s appeal of a $290 million patent infringement judgment against it has the potential to reshape the law on patent invalidity and upend decades of legal precedent, lawyers say.

If the justices agree with Microsoft's position that there should be a lower evidentiary standard for proving invalidity when certain prior art was not considered by the patent examiner during prosecution, it could become easier to invalidate patents and increase the workload of already-harried examiners, according to attorneys....
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