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Perspective

Nov. 19, 2010

Will the Supreme Court Heed Calls to Lower the Standard of Proof for Patent Validity Challenges?

A case on appeal to the U.S. Supreme Court could bolster defenses against patent infringement claims. By Ilana S. Rubel of Fenwick & West.


By Ilana S. Rubel


In the technology world, being a big player has increasingly meant being a big target for patent suits. At any given time, a company such as Microsoft, Intel or Dell may face dozens of patent suits around the nation, with potential exposure in the many millions. Nor is this just an issue facing large companies. With the skyrocketing increase in patent litigation in recent years, and the absence of tangible developments in patent reform legislati...

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