Intellectual Property
Jun. 16, 2011
US Supreme Court Endorses Longstanding Rule for Patent Invalidation
Microsoft makes a $290 million mistake in a patent invalidity claim. By Glenn Trost of Connolly Bove Lodge & Hutz
The recent Supreme Court opinion in Microsoft Corp. v. i4i Ltd. is remarkable on several levels - the Supreme Court granted certiorari in order to unanimously affirm the clear-and-convincing-evidence standard to invalidate a patent (a rule consistently applied by the Federal Circuit since 1984); the Court apparently had second thoughts about its 2007 statement in KSR International Co. v. Teleflex Inc. that the rationale for the clear...
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