Andrew C. Chien

Supreme Court Rules that Clear and Convincing Evidence Is Required to Establish the Invalidity of a Patent
Andrew C. Chien, July 18, 2011
35 U.S.C. § 282 provides that "[a] patent shall be presumed valid" and that "the burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity." In Microsoft v. i4i, U.S. (2011), the Supreme Court affirmed the Federal...