Posts Tagged: clear and convincing


Proving A Patent Invalid: The Burden is on the Challenger

When an individual or company challenges the validity of a patent, “the burden of establishing invalidity of a patent or any claim thereof shall rest on the …
By Daniel Vojcak
4 years ago 1

Patent System Under Attack

This ruling cannot stand, and the CAFC needs to step back from the brink. The CAFC has vastly overreached in Soverain v. Newegg, and it is imperative …
By Loudon Owen
8 years ago 25

Exclusive Interview: Talking SCOTUS Decision in i4i v. Microsoft

This month I have been running a series of articles on the United States Supreme Court. Today we switch things up a little and talk patents, focusing …
By Gene Quinn
9 years ago 1

Clear & Convincing: Supreme Court Affirms CAFC in Microsoft v. i4i

icrosoft wanted to see that changed, with prior art not considered by the Patent Office requiring a lower evidentiary threshold to invalidate. To rule in Microsoft's favor …
By Gene Quinn
11 years ago 13

Microsoft i4i Oral Arguments Complete at Supreme Court

Hungar would go on to say that the clear and convincing standard "makes no sense," which nearly immediately drew the first comment from the bench with Justice …
By Gene Quinn
11 years ago 32

Amici Support i4i at Supreme Court in Microsoft Patent Case

What becomes clear in reading these briefs (and the excerpts below) is that despite what you might have heard to the contrary the Supreme Court has already …
By Gene Quinn
11 years ago 4

Supreme Court Patent Watch: i4i Files Brief in Microsoft Case

Microsoft would like to have the standard for invalidating a patent claim lowered to a mere preponderance of the evidence standard. They say that prior art not …
By Gene Quinn
11 years ago 48