Supreme Court rejects Microsoft’s arguments in i4i case June 10, 2011
In case you haven’t already heard…
Yesterday, the Supreme Court issued an opinion in the Microsoft v. i4i case which has been one of the most closely watched cases on the Supreme Court’s docket during this term. The result was a unanimous 8-0 victory (Justice Roberts recused himself, because he owns Microsoft stock) for i4i. This means that the burden a challenger must meet to successfully defend an allegation of patent infringement under § 282 (on grounds that the patent is invalid) will remain the same: the Court affirmed the “clear and convincing evidence” standard, which the Federal Circuit has used since 1982, rather than the lower “preponderance of the evidence” (in plain English: “more likely invalid than not”) standard Microsoft argued for — and Microsoft will still be on the hook for that ~$300M verdict they owe.
Patently-O has an excellent post describing the ruling. There is also a strong
likelihood we will talk about the opinion during this week’s podcast as well.
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