Microsoft Corp. v. i4i Limited Partnership - Post-Decision SCOTUScast
SCOTUScast 06-22-11 featuring Adam Mossoff
On June 9, 2011, the Supreme Court announced its decision in Microsoft Corp. v. i4i Limited Partnership. According to §282 of the Patent Act of 1952, "[a] patent shall be presumed valid" and "[t]he burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity." The question in this case is whether "§282 requires an invalidity defense to be proved by clear and convincing evidence."
In an opinion delivered by Justice Sotomayor, the Court held by a vote of 8-0 that §282 of the Patent Act does require an invalidity defense to be proved by clear and convincing evidence. Justices Scalia, Kennedy, Ginsburg, Breyer, Alito, and Kagan joined Justice Sotomayor’s opinion. Justice Breyer filed a concurring opinion, which Justices Scalia and Alito joined. Justice Thomas filed an opinion concurring in the judgment. Chief Justice Roberts took no part in the consideration or decision of the case.
To discuss the case, we have Professor Adam Mossoff, who is a professor at the George Mason University School of Law.
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