Supreme Court Affirms Clear and Convincing Standard of Patent Invalidity Proof

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On June 9, 2011, the Supreme Court of the United States unanimously rejected Microsoft’s plea to modify the clear and convincing evidence standard of proof required to invalidate a patent.

Delivering what is likely the final blow to its battle against a $240 million infringement judgment, on June 9, 2011, the Supreme Court of the United States unanimously rejected Microsoft’s plea to modify the clear and convincing evidence standard of proof required to invalidate a patent. Justice Sotomayor wrote the Microsoft v. i4i opinion with concurrences by Justices Breyer and Thomas.

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