Maintaining The Standard Of Proof On Invalidity

Law360, New York (February 9, 2011, 6:35 PM EST) -- In the case of Microsoft v. i4i, the U.S. Supreme Court this year will address the standard of review in proving patent invalidity. Microsoft and its 11 amici argue that the applicable standard should be a preponderance of the evidence — at least where the U.S. Patent and Trademark Office did not consider the prior art at issue — rather than the long-standing clear and convincing evidence standard based on the statutory presumption of patent validity under 35 U.S.C. § 282.

In announcing its intention to...
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