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On November 29, 2010, the U.S. Supreme Court granted Microsoft’s petition for writ of certiorari challenging the Federal Circuit’s requirement that the invalidity defense provided in the Patent Act, 35 U.S.C. 28, must be proven by clear and convincing evidence
Continuing its recent trend of wading into substantive questions of patent law, the Supreme Court announced that it would resolve a question with important implications for many companies, particularly information technology companies, whose products are sold in the United States
