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Case Study: Microsoft Corp. V. I4i LP

Law360 (January 14, 2011, 12:20 PM EST) -- On Nov. 29, 2010, the Supreme Court granted Microsoft’s petition for certiorari in Microsoft Corp. v. i4i LP, electing to hear an appeal that could alter the evidentiary standard that litigants must meet to invalidate a patent. This case has important implications for patent cases involving questions of patent validity.

The question the Supreme Court will consider is whether the U.S. Court of Appeals for the Federal Circuit erred in holding that Microsoft’s invalidity defense must be proved by clear and convincing evidence, where the U.S....
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