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."
Commentary
May 20, 2026
Award/Ranking
Finnegan Partner Antje Brambrink Shortlisted for Women in Business Law EMEA Award
May 13, 2026
Press Release
Finnegan Secures Decisive ITC Victory for Innoscience in Final Determination
May 11, 2026
Award/Ranking
Associates Rank Finnegan “Best of the Best” in BTI Associate Satisfaction Survey
May 7, 2026
Announcement
Finnegan Partner Ningling Wang Becomes President of Licensing Executives Society International
May 4, 2026
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