Tag Archives: PATENT INVALIDITY DEFENSE

CLEAR AND CONVINCING EVIDENCE AS PROPER STANDARD OF PROOF FOR A PATENT INVALIDITY DEFENSE UNDER § 282 OF THE PATENT ACT OF 1952: MICROSOFT CORP. V. I4I LTD. PARTN.

MEREDITH NORRIS

In June 2011 the United States Supreme Court upheld over a century’s worth of case law concerning the presumption of patent validity, when it adopted the United States Court of Appeals for the Federal Circuit’s holding regarding the proper standard of proof for a patent invalidity defense under § 282 of the Patent Act of 1952 (“§ 282”).  Previously, the federal circuit courts were split concerning the appropriate standard of proof for a patent invalidity defense.  It wasn’t until Microsoft Corp. v. i4i Ltd. Partn., that the Supreme Court established clear and convincing evidence as the proper standard.
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Filed under Volume 14-2