Supreme Court to hear Microsoft invalidity challenge; plus more on Novell patent purchase
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The Supreme Court has agreed to hear a case that may have a significant effect on the threshold under which patents can be invalidated in the US. In Microsoft Corp v i4i Limited Partnership, the court will look at the standard of proof by which patents can be declared invalid. In most civil cases in the US, the standard is "preponderance of the evidence", but in patent invalidity cases the Court of Appeal for the Federal Circuit has stated that the test should be "clear and convincing" evidence - which is a much higher threshold to achieve. If the Supreme Court decides this standard should be revised it could be of significant benefit to defendants claiming that patents being asserted against them are invalid.
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