by Jason Rantanen
Tomorrow, Monday April 18th, the Supreme Court will hear oral arguments in Microsoft v. i4i, which presents the question whether proving invalidity requires clear and convincing evidence when the prior art on which the invaldity defense rests was not considered by the PTO. The full Question Presented can be found here and prior Patently-O posts on the subject are linked below.
- Supreme Court grants certiorari (Nov 29, 2010)
- "Microsoft v. i4i – Is the Sky Really Falling" – Guest Post by Paul F. Morgan (Jan 9, 2011)
- Summary of amicus briefs supporting easier invalidation of patents (Feb 4, 2011)
- Shifting Weight of Evidence versus Shifting Burden of Proof (Mar 13, 2011)
- US DOJ Amicus Brief Summary (Mar 21, 2011)