Thursday, June 9, 2011

US Supreme Court upholds "clear and convincing" invalidity standard

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...  ;)