December 2010

Looking Ahead

On August 27, 2010, Microsoft Corporation (“Microsoft”) petitioned the Supreme Court for a writ of certiorari from the Federal Circuit’s decision in i4i Limited Partnership v. Microsoft Corp., 598 F.3d 831 (Fed. Cir. 2010).  Microsoft’s petition asked the Court to reject the Federal Circuit’s longstanding rule that invalidity must be proved by clear and convincing evidence even where the prior art on which the invalidity assertion rests was not considered by the PTO.  On November 29, 2010, the U.S. Supreme Court granted Microsoft’s petition.  Microsoft Corp. v. i4i Limited Partnership, No. 10-290.  The Supreme Court is expected to hear oral arguments in March or April 2011, and a decision is likely sometime before the term ends in June.  See future editions for further updates.