On June 9, 2011, the Supreme Court rejected Microsoft’s contention that a preponderance of the evidence should be sufficient to establish patent invalidity in an 8-0 (Roberts abstained) opinion, which affirmed the Fed. Cir.’s opinion (for a change). (The decision can be found at the end of this post.) The Court interpreted Congress’ intent in [...]
The post Supreme Court: Evidence Of Invalidity Must Be “Clear And Convincing” appeared first on Biotechnology Patent Law Blog | Patents4Life by Warren Woessner.