Supreme Court Affirms
Supreme Court Affirms "Clear and Convincing" Standard in Microsoft v. i4i

Supreme Court Affirms "Clear and Convincing" Standard in Microsoft v. i4i

White & Case Technology Newsflash

The Supreme Court ruled that invalidity must be proved by "clear and convincing" evidence and not a preponderance of the evidence, in Microsoft Corp. v. i4i Ltd. Partnership, No. 10-290 (2011). Writing for the majority, Justice Sotomayor rejected Microsoft's contentions that the preponderance standard of proof for patent invalidity should be applied across the board or, alternatively, at least when the evidence of invalidity was not before the PTO examiner. Justices Breyer and Thomas penned separate concurrences.

Click here to download PDF.

 

This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright.
© 2011 White & Case LLP