Today, the Supreme Court issued a widely anticipated opinion in Microsoft v. i4i, 564 U. S. ____ (June 9, 2011), unanimously reaffirming the clear and convincing evidence standard for proving that a patent is invalid. The result is—perhaps—not surprising. Under 35 U.S.C. § 282, a patent must be presumed valid, although the standard of proof […]
Category: Supreme Court
Welcome to “Willful Blindness” Defense Opinions, Courtesy of the Supreme Court
Yesterday the Supreme Court issued its opinion in Global-Tech Appliances, Inc. v. SEB. S.A., 563 U.S. ____, No. 10-6 (May 31, 2011), in which the Court affirmed the patent infringement judgment of the Federal Circuit but identified a new knowledge requirement for the induced infringement statute, 35 U.S.C. § 271(b). In this 8-1 opinion, the […]
Patent Practitioners or Supreme Court Specialists?
What do you think—should we have patent practitioners arguing patent cases at the Supreme Court? Yesterday, the Supreme Court heard the parties’ arguments in the Microsoft v. i4i case. The issue the Court is considering relates to the proper standard of proof for proving a patent is invalid. (35 U.S.C. § 282 states that an […]