Presumption of Patent Validity Affirmed

Today, the Supreme Court affirmed the high presumption of validity associated with an issued patent in Microsoft v. i4i. In trying to overturn a $250 million patent infringement award against Microsoft, Microsoft attempted to argue that the presumption of validity under 35 U.S.C. §285 associated with an issued patent should be lower than the current standard.  Currently, the standard of proof in attacking the validity of an issued patent requires one to prove that the patent is invalid by clear and convincing evidence, one of the highest standards of proof. Microsoft attempted to argue that the presumption should be lower. The Supreme Court unanimously rejected Microsoft’s argument clearing the way for payment of the trial court’s $250 million dollar award to i4i based upon infringement of i4i’s patent.  If you have any questions related to the presumptions of patent validity or this case, feel free to contact our firm.

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