Preparing For The I4i V. Microsoft Ruling

Law360, New York (June 8, 2011, 2:05 PM EDT) -- In i4i v. Microsoft, the U.S. Supreme Court is considering a bedrock principle of modern United States patent law — accused infringers must prove patent invalidity as a defense to patent infringement by clear and convincing evidence.

The clear and convincing standard is believed by some to encourage enforcement of weak patents and drive up the costs of defending claims of patent infringement. Others feel just as strongly that the standard is essential to maintaining a strong patent system, which is critical to an economy increasingly...
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