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8 Nov 2022, 4:30 am by Florian Mueller
This reminded me of the issue that was at the heart of the Supreme Court decision in Microsoft v. i4i about a decade ago: it takes a lot more than a (pontential) preponderance of the evidence for an invalidity defense to succeed in a patent infringement case. [read post]
6 Aug 2021, 2:53 pm by Lawrence B. Ebert
(citing Microsoft Corp. v. i4i Ltd. [read post]
23 Jul 2020, 8:42 am by Dennis Crouch
See Microsoft Corp. v. i4i Ltd. [read post]
9 Apr 2019, 8:03 pm by Dennis Crouch
  In so doing, the Federal Circuit upended the clear-and-convincing-evidence burden of proof for invalidity challenges that this Court recognized in Microsoft Corp. v. i4i Limited Partnership, 564 U.S. 91, 101–02 (2011), and obliterated the presumption of validity that Congress codified in the Patent Act, 35 U.S.C. [read post]
9 May 2018, 2:58 pm by Lawrence B. Ebert
Cooper, 566 U.S. 284, 291–92 (2012); Microsoft Corp. v. i4i P’ship Ltd., 564 U.S. 91,103–04 (2011). [read post]
19 Apr 2017, 6:21 am by Dennis Crouch
§ 101, as set forth by this Court in Microsoft Corp. v. i4i L.P., 564 U.S. 91 (2011), when the ultimate legal conclusion relies upon underlying findings of fact, such as whether the additional novel and non-obvious elements of the claims are merely well-understood, routine, and conventional or whether they add an inventive concept. 2. [read post]
7 Mar 2017, 8:53 am by Dennis Crouch
by Dennis Crouch Intellectual Ventures v. [read post]
30 Jun 2016, 7:48 am by Gene Quinn
” “My take from the time of cert. was that, much like the Microsoft v. i4i case, the BRI aspect of the case was just about the Court weighing in on an issue that was long debated,” said Scott McKeown, partner at Oblon, McClelland, Maier & Neustadt, LLP. [read post]
26 Feb 2016, 1:21 pm by Gene Quinn
Although not all agreeing on the reason, all of the Justices participating in the case also agreed in Microsoft Corp. v. i4i Limited Partnership (2011) that the presumption of validity bestowed upon a patent by 35 U.S.C. 282 requires that an invalidity defense be proven by clear and convincing evidence. [read post]
5 Nov 2015, 2:55 am by Florian Mueller
" A decision from the District of Oregon cites Justice Breyer's concurring opinion on Microsoft v. i4i (where clear and convincing evidence was held to be the applicable standard for other invalidity theories):"Where the question of invalidity depends 'not upon factual disputes, but upon how the law applies to facts as given,' the clear and convincing evidentiary standard simply does not come into play. [read post]
3 Sep 2015, 11:36 am by Lawrence B. Ebert
§ 282 and Microsoft Corp. v. i4i Ltd.Partnership, 131 S. [read post]