June 9, 2011
Today the U.S. Supreme Court issued its landmark decision in Microsoft v. i4i. The Court affirmed that a patent may be proven invalid only under the "clear and convincing" standard, even where the U.S. Patent and Trademark Office had not considered the prior art or other information forming the basis for the validity challenge.
For more information on this decision, please contact Fitch Even partner Timothy P. Maloney.