Michael L. Nepple
For almost thirty years, the Federal Circuit Court of Appeals has required that alleged patent infringers prove patent invalidity by a heightened evidentiary standard, namely by clear and convincing evidence. When the U.S. Supreme Court agreed to hear Microsoft’s appeal in Microsoft Corp. v. i4i Limited Partnership, patent holders became concerned that the Court would accept Microsoft’s invitation to reduce the evidentiary standard required from clear and convincing evidence down to simply preponderance of the evidence.
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