• The Supreme Court Affirms Clear and Convincing Standard for Patent Invalidation
  • July 14, 2011
  • Law Firm: Alston Bird LLP - Atlanta Office
  • On June 9, 2011, the U.S. Supreme Court issued its decision in Microsoft v. i4i,1 rejecting Microsoft’s position that a granted U.S. patent can be invalidated based on a mere preponderance of evidence. The Federal Circuit has long held that the “presumption of validity” language in 35 U.S.C. § 282 requires proof by “clear and convincing evidence” that a patent claim is invalid. Relying on statutory interpretation and common law precedent, the Supreme Court unanimously affirmed.