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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]
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]
11 Mar 2015, 9:40 am by Dennis Crouch
Kappos, 561 U.S. 593 (2010) (subject matter eligibility) Microsoft Corp. v. i4i Ltd. [read post]
13 Jun 2014, 6:00 am by Dennis Crouch
Guest Post by Derek Dahlgren In 2011, the Supreme Court addressed the presumption of validity in Microsoft Corp. v. i4i Limited Partnership, 131 S. [read post]
9 Dec 2013, 10:17 pm by Dennis Crouch
By downplaying the factual component of obviousness, the Federal Circuit's decision also erodes the clear and convincing evidence standard for proving invalidity, which this Court reaffirmed in Microsoft Corp. v. i4i Limited Partnership, 131 S. [read post]
2 Dec 2011, 8:29 am by The Docket Navigator
"On appeal in this case, the Federal Circuit held, in light of its intervening opinion in i4i Limited Partnership v. [read post]
19 Jul 2011, 6:17 am by A. Benjamin Spencer
Dukes (on the Rule 23(b)(2) issue), were unexpected.Got Our Attention, But Earth Didn't MoveMicrosoft Corp. v. i4i Limited Partnership: Although Microsoft asked the court to invalidate the long-established clear and convincing evidence standard for patent validity challenges, the court remained steadfast and left the current standard alone.Flores-Villar v. [read post]
18 Jul 2011, 10:38 pm by Tun-Jen Chiang
The last case, Microsoft Corp. v. i4i Limited Partnership, has received the most attention and seems the most puzzling. [read post]
6 Jul 2011, 6:34 am by Ronald Mann
  Finally, in the most important of the cases, Microsoft Corp. v. i4i Limited Partnership, the Court acquiesced in the Federal Circuit’s longstanding conclusion that patent challengers must establish invalidity by “clear and convincing evidence” even when they present prior art that the Patent Office never saw. [read post]
23 Jun 2011, 8:56 pm by Gareth Dickson
Microsoft Corp. v i4i Limited Partnership et al, No 10-290(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();     . [read post]
22 Jun 2011, 2:25 pm
On June 9, 2011, the Supreme Court announced its decision in Microsoft Corp. v. i4i Limited Partnership. [read post]
17 Jun 2011, 11:00 pm by Apeng
(Filewrapper) (IPBiz) (Patent Baristas) (Patent Docs) (IPBiz) (Patent Law Center) (IAM) (Patently-O) (Patent Law Practice Center) (IP Spotlight) (Patently-O) (Property, intangible) Supreme Court affirms high standard of proving patents invalid – Microsoft Corp. v. i4i Limited Partnership / ?????????? [read post]
17 Jun 2011, 9:00 pm by Patent Docs
The IPO webinar will consider the impact of the Supreme Court's decision in Microsoft Corp. v. i4i Limited Partnership on patent litigation and reexamination practice, as well as how the decision interacts with other recent appellate decisions such as Therasense. [read post]
17 Jun 2011, 2:54 am by Marie Louise
  Highlights this week included: Supreme Court affirms high standard of proving patents invalid – Microsoft Corp. v. i4i Limited Partnership (Electronic Frontier Foundation) (Patent Arcade) (Patently-O)  (IPBiz) (IAM) (IPBiz) (Patentology) (ipwars) (Patents Post Grant) (The Prior Art) (Patent Docs) (IPKat) (PatLit) (IPblog) (Patently Biotech) (Maier & Maier) (IPBiz) (Patent Law Practice Center) (Inventive Step) District Court… [read post]
15 Jun 2011, 8:02 am by admin
’s challenge to Federal Circuit precedent and held unanimously June 9 that an alleged infringer must show by clear-and-convincing evidence that the patent it is accused of infringing is invalid (Microsoft Corp. v. i4i Limited Partnership, U.S., No. 10-290, 6/9/11). [read post]