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Author Topic: i4i decided -clear and convincing std upheld.  (Read 644 times)

klaviernista

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i4i decided -clear and convincing std upheld.
« on: 06-09-11 at 09:13 am »

The opinion in the i4i case issued today.  In it, the Supreme court affirms the clear and convincing standard for patent invalidity.

http://www.supremecourt.gov/opinions/10pdf/10-290.pdf
« Last Edit: 06-09-11 at 09:19 am by klaviernista »
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Isaac

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Re: i4i decided -clear and convincing std upheld.
« Reply #1 on: 06-09-11 at 10:37 am »

The opinion in the i4i case issued today.  In it, the Supreme court affirms the clear and convincing standard for patent invalidity.

The Federal Circuit finally wins one.
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Isaac

JimIvey

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Re: i4i decided -clear and convincing std upheld.
« Reply #2 on: 06-09-11 at 11:11 am »

The Federal Circuit finally wins one.

Yeah, if I were to try to generalize the dialog between the Fed Cir and the SCt lately it would be the SCt saying "Stop changing things so much!" 

Festo and Bilski were big (relatively) changes in the law, even deviating from SCt authority.  Hence, the big slap downs.  However, this case involved MSFT arguing for its own dramatic change to the law, not the Fed Cir.

Here's where we discussed the case prior to handing down of the decision:

Lemley's amicae brief for Microsoft v. i4i

Regards.
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patentatt

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Re: i4i decided -clear and convincing std upheld.
« Reply #3 on: 06-09-11 at 02:20 pm »

What's a clear and convincing std?  Genital warts?
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Robert K S

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Re: i4i decided -clear and convincing std upheld.
« Reply #4 on: 06-09-11 at 05:21 pm »

Very articulate ones.
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