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On April 18, 2011, the U.S. Supreme Court heard oral argument in Microsoft Corporation v. i4i Limited Partnership, where Microsoft has challenged the Federal Circuit’s clear and convincing evidence standard for overcoming the presumption of patent validity set forth in 35 U.S.C. § 282.  The bench was very active with all of the Justices asking questions of both Mr. Hungar and Mr. Waxman except for Justice Roberts, who had recused himself, and Justice Thomas, who is known for not asking questions during oral argument.

The full text of this article is available to read on the DRI website.