We use cookies to customise content for your subscription and for analytics. If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
35 U.S.C. 282 provides that “a patent shall be presumed valid” and that “the burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity.”
Recently, the Federal Circuit affirmed a $290 million verdict against Microsoft Corporation in its long running patent infringement battle with i4i Limited Partnership and Infrastructures for Information Inc. (collectively, "i4i"
In a decision that continues the expansion of declaratory judgment jurisdiction in light of MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007), the Federal Circuit has ruled that a patent holding company that brought a patent to the attention of a potential infringer and made an "implied" assertion of rights under the patent was subject to a declaratory judgment suit
