"Safe to Sue?"
Crain`s Detroit Business
June 15, 2011 – Last week, the U.S. Supreme Court made a decision in Microsoft v i4i where Microsoft argued to lower the standard for invalidity in a patent infringement lawsuit from "clear and convincing" evidence to a lesser standard of "preponderance of the evidence." The court did not agree with Microsoft and ruled that "clear and convincing" evidence is the standard.
"Since the status quo remains, the Microsoft case might have been more exciting in the build-up than the resolution," said Brooks Kushman president, Mark Cantor, who does not see an IP litigation surge coming.
"The fact that the standard stayed the same, I think, means it`s mainly back to business as usual," Cantor said. "In almost every patent case, the defendant comes up with the invalidity argument. And they will turn over every stone (to build their case)."
"But in the end juries try to do what is right, and they don`t try to invalidate a patent without strong evidence about prior (patent) art. It could be much ado about nothing."
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