DRI member, Robert Wagner of Picadio Sneath Miller & Norton, P.C., provides commentary on the recent SCOTUS opinion in Microsoft Corp. v. i4i Limited Partnership on his firm's PIT IP Tech Blog.
Today, the Supreme Court confirmed that parties challenging the validity of a patent have the burden to prove invalidity by clear and convincing evidence. Justice Sotomayor delivered the unanimous opinion for the Court in its decision in Microsoft Corp. v. i4i Limited Partnership (No. 10-290), which affirmed the Federal Circuit. Justice Breyer filed a concurring opinion, and Justice Thomas filed an opinion concurring in judgment. Chief Justice Roberts took no part in the decision.
Read the full post here.