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U.S. Supreme Court to review the "clear and convincing" standard for patent invalidity

01 December 2010

IP Alert

On 29 November 2010 the U.S. Supreme Court granted Microsoft's petition for certiorari in the patent infringement case i4i L.P v. Microsoft Corp., the outcome of which case could potentially affect the strength and value of all issued U.S. patents. Affirming the trial court decision, the Court of Appeals for the Federal Circuit (CAFC) upheld the established standard of proof for invalidity challenges and denied a rehearing en banc.



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