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MICROSOFT CORP. v. i4i LIMITED PARTNERSHIP

Docket No.: 10-290
Certiorari Granted: 11/29/10
Argued: April 18, 2011
Decided: 06/09/11

Topics:

abuse of discretion, judicial review, patent, property rights, stare decisis

PartyNames: Microsoft Corporation v. i4i Limited Partnership, et al.
Petitioner: Microsoft Corporation
Respondent: i4i Limited Partnership, et al.

Court Below: United States Court of Appeals for the Federal Circuit
Citation: 598 F.3d 831

Microsoft Corporation
v.
i4i Limited Partnership, et al.
Background:

The Patent Act provides that "[a] patent shall be presumed valid" and that "[t]he burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity." 35 U.S.C. § 282. The Federal Circuit held below that Microsoft was required to prove its defense of invalidity under 35 U.S.C. § l02 (b) by "clear and convincing evidence," even though the prior art on which the invalidity defense rests was not considered by the Patent and Trademark Office prior to the issuance of the asserted patent.

Question Presented:

Whether the court of appeals erred in holding that Microsoft's invalidity defense must be proved by clear and convincing evidence.

Question:

Must a challenge to a patent's validity offer clear and convincing evidence as proof

Note:

CHIEF JUSTICE ROBERTS TOOK NO PART.

MICROSOFT CORP. v. i4i LIMITED PARTNERSHIP
ORAL ARGUMENT

04/18/11

Listen to Oral Argument in MICROSOFT CORP. v. i4i LIMITED PARTNERSHIP
Holding: affirmed
Vote: 8-0
Recused: J.,
Opinion By:
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