Supreme Court issues 3rd major patent decision, a Clear and Convincing Win for i4i

09 Jun

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


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