Supreme Court Upholds Requirement of Proving Invalidity by Clear and Convincing Evidence

Fitzpatrick Case Update
June 9, 2011

On June 9, 2011, the Supreme Court issued its decision in Microsoft Corp. v. i4i Ltd. Partnership, concerning whether § 282 of the Patent Act, which sets forth the presumption that a patent is valid, requires a patent challenger to overcome the presumption with clear and convincing evidence of invalidity. Robert Fischer and Kristina Mahoney examine this Supreme Court decision.

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