Weighing the Evidence:How will i4i Change theScales of Justice?Microsoft Corp v i4i LP

摘要

The United States Supreme Court's forthcoming decision in Microsoft Corp. v i4i LP could alter the evidentiary standard needed to invalidate a patent where prior art had not been considered by the USPTO. If the Court changes the standard, the repercussions will affect juries, litigants and patent practitioners. However, the presumption of validity itself is suspect in light of recent analysis of USPTO practices.