Little i4i clobbers Microsoft, this time with finality, in a clear and convincing $290M win. The Supreme Court has decided Microsoft v i4i and unanimously upheld the Federal Circuit and the longstanding “clear and convincing” standard of proof for proving a patent invalid.
“Our decision in RCA, 293 U. S. 1, is authoritative. There, tracing nearly a century of case law from this Court and others, Justice Cardozo wrote for a unanimous Court that “there is a presumption of validity, a presumption not to be overthrown except by clear and cogent evidence.” Id., at 2.”
This is a fine clear and definitive opinion written by Justice Sotomayor.
You may read it at http://www.supremecourt.gov/opinions/10pdf/10-290.pdf