Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

 
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Entries in I4i (1)

Friday
Jun102011

US Supreme Court Affirms Invalidity Must be Proven by Clear and Convincing Evidence

Microsoft Corp. v. i4i Ltd. Partnership

The US Supreme Court in Microsoft Corp. v. i4i Ltd. Partnership affirmed that 35 USC 282 requires an invalidity defense to be proved by clear and convincing evidence.  The opinion was deliverd on June 9, 2011.

Read the slip opinion.  SOTOMAYOR, J., delivered the opinion of the Court, in which SCALIA, KENNEDY, GINSBURG, BREYER, ALITO, and KAGAN, JJ., joined. BREYER, J., filed a concurring opinion, in which SCALIA and ALITO, JJ., joined. THOMAS, J., filed an opinion concurring in the judgment. ROBERTS,
C. J., took no part in the consideration or decision of the case.

This results maintains the legal value of patents to patent holders and prevent those rights from being diminished.

Read "Microsoft Loses Final Appeal in $290 Million Patent Case" for the NY Times story on the case.

Microsoft Loses Final Appeal in $290 Million Patent Case