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Supreme Court Patent Cases: Past And Pending

Law360 (January 5, 2011, 2:13 PM EST) -- On Nov. 29, 2010, the U.S. Supreme Court granted certiorari in Microsoft v. i4i LP, in which Microsoft asks the court to lower the standard for proving that a patent is invalid. The case is important because, if the court accepts Microsoft’s position, a patent challenger can more easily prove invalidity where the U.S. Patent and Trademark Office issued a patent without considering the most relevant prior art.

Alleged infringers often find more relevant prior art than that which was considered by the USPTO, and a...
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