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i4i ruling could prompt jury instructions

Eileen McDermott, New York

While the Supreme Court’s ruling in Microsoft v i4i has maintained the status quo, the Court’s guidance on providing jury instructions in patent invalidity cases may provide a glimmer of hope to accused infringers

In its third patent decision of 2010, the Court affirmed the Federal Circuit's view that patents must be proven invalid by a so-called clear and convincing evidentiary standard, rather than the preponderance of the evidence standard proposed by Microsoft.


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