In an 8-0 decision, the Supreme Court denied Microsoft’s request to lower the long-standing clear and convincing standard of validity for patents in favor of Finnegan client i4i. Justice Sonia Sotomayor, writing for the court, rejected Microsoft's contention that a defendant need only persuade a jury of a patent's invalidity by a preponderance of the evidence, stating that "Congress specified the applicable standard of proof in 1952 when it codified the common-law presumption of patent validity…Since then, it has allowed the Federal Circuit’s correct interpretation of [the law] to stand. Any recalibration of the standard of proof remains in its hands."
Media Mention
Women in Business Law Americas Awards 2024: Three Finnegan Attorneys Shortlisted
April 7, 2024
Press Release
Finnegan and BMW Group Successfully Demolish Non-Practicing Entity NorthStar’s Efforts
April 3, 2024
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Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.