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IP: Supreme Court Poised to Make Fundamental Change to the Nature of Patents

Mark ScarsiLast week, the Supreme Court heard arguments in Microsoft v. i4i, a case regarding the appropriate standard of proof juries should use for validity challenges in patent litigation. Currently, courts require a heightened standard of "clear and convincing evidence." Microsoft seeks to change the standard to a "preponderance of evidence." While the question of which standard of proof to use may seem trivial to the casual reader, in patent litigation it is critically important. In fact, the Supreme Court's decision in Microsoft v. i4i could change the fundamental nature of patents in the United States.

Patent Procurement and Litigation

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Mark C. Scarsi

Mark Scarsi is a partner in the Intellectual Property Group of Milbank, Tweed, Hadley & McCloy, LLP, resident in the Los Angeles office.

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