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... ;)
Can you prove your technical lead? What IBM’s verifiable quantum advantage
means for your patent strategy
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A technical lead is worth what you can prove. Being first, or fastest, or
best matters only if the evidence behind the claim survives a hostile
reading, wh...
2 days ago
