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Alito sceptical of i4i arguments

Eileen McDermott, Washington DC

Although no clear winner emerged in today’s Supreme Court review of Microsoft v i4i, Justice Samuel Alito’s blunt questioning of i4i’s counsel revealed his scepticism of the Canadian company’s analysis

i4i is asking the High Court to retain the so-called clear and convincing standard for finding a patent invalid. It is a heightened evidentiary standard that i4i and its supporting amici argue is justified by the degree to which patentees...

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