IP CLIENT ALERT: Supreme Court Upholds "Clear and Convincing" Standard of Proof for Establishing Patent Invalidity

    10 June 2011
    The U.S. Supreme Court issued a unanimous decision on June 9, 2011 upholding a lower court ruling that Microsoft Corp. infringed patents owned by i4i Limited Partnership, requiring the company to pay $290 million in damages and fees. Microsoft asserted patent invalidity as a defense to i4i’s infringement claims, but the Court found that it failed to prove invalidity by “clear and convincing evidence.”