US Supreme Court upholds "clear and convincing" invalidity standard

Author: Alexander Stack Professional Corporation |


Hot off the press... the US Supreme Court has decided i4i v. Microsoft. At a quick glance: s.282 of the US Patent Act requires a party alleging invalidity to show it by "clear and convincing" evidence. Also at a quick glance, this applies whether or not a piece of prior art was considered by the patent examiner.

And patentees breathe a big sigh of relief... ;)

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