In Microsoft v. i4i, The U.S. Supreme Court recently affirmed that the presumption of validity is high for an issued patent and that invalidating it requires an extremely strong case. In particular, the court affirmed that proving invalidity and unenforceability requires “clear and convincing evidence.” In delivering this judgment, the U.S. Supreme Court decision upheld the District and Federal Circuit Court decisions, while demonstrating a strong reluctance to lower the standard of “clear and convincing evidence.”
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Microsoft Takes a Licking as SC Reinforces 'Presumption of Validity'
Posted by: Gianfranco Scipione July 27, 2011 05:00 AMIn Microsoft v. i4i, The U.S. Supreme Court recently affirmed that the presumption of validity is high for an issued patent and that invalidating it requires an extremely strong case. In particular, the court affirmed that proving invalidity and unenforceability requires “clear and convincing evidence.” In delivering this judgment, the U.S. Supreme Court decision upheld the District and Federal Circuit Court decisions, while demonstrating a strong reluctance to lower the standard of “clear and convincing evidence.”