Issue: Intellectual Property
Court: U.S. Supreme Court

Term: October 2010
Oral Argument Date: April 2011 
Vote: 8-0
Opinion: Justice Sotomayor 
Lower Court: U.S. Court of Appeals, Federal Circuit

Question Presented:
Whether the court of appeals erred in holding that Microsoft's invalidity defense must be proven by clear and convincing evidence.

RLC’s Position:
Given the growth in patent infringement claims, the RLC argued that the appropriate standard for the patent invalidity defense is "a preponderance of the evidence".

Case Outcome:
The Supreme Court held that the appropriate standard is "clear and convincing evidence".

Procedural History and Case Documents:

Please use the DOWNLOAD button below to access the RLC's Brief.


Stay in the know

Subscribe to our newsletter