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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of CCH Canadian Ltd v LSUC and the Future of Copyright Law, which will take
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2 months ago
