i4i and the clear-and-convincing standard for invalidity
14 June 2011IP Alert
On June 9, 2011, the U.S. Supreme Court held that a defendant accused of patent infringement must prove invalidity by clear and convincing evidence, rejecting the argument that a lower standard of proof, such as "preponderance of the evidence," could suffice. The Court did acknowledge, however, that "new" prior art should be given greater weight in the invalidity analysis than prior art previously considered by the U.S. Patent and Trademark Office (USPTO), and further sanctioned the use of jury instructions addressing this issue.
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