Prof. Jeffrey Lefstin Posts on Patent Law on Top Blog

Professor Jeffrey Lefstin has posted an article tracing the origins of the clear and convincing standard in patent law on the leading patent blog, Patently-O.  The issue is current because of Microsoft's pending certiorari petition in the U.S. Supreme Court in the i4i case.

Microsoft's Petition Challenges Federal Circuit's Rule

Microsoft's petition for certiorari in the i4i case challenges the Federal Circuit's rule that patent invalidity must be proven by "clear and convincing evidence," even when the defense rests on prior art not considered by the PTO. Nearly all of the briefs filed in the case, and nearly all academic commentary as well, assume that the rule was devised by the Federal Circuit early in its history.