Microsoft Corp. v. i4i Limited Partnership - Post-Decision SCOTUScast

SCOTUScast 06-22-11 featuring Adam Mossoff

June 22, 2011

Adam Mossoff

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  Microsoft Corp. v. i4i Limited Partnership - Post-Decision SCOTUScast - MP3
Running Time: 00:24:10

Adam MossoffOn 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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Related Links

Opinion - June 9, 2011 (PDF)
Oral Argument Transcript - April 18, 2011 (PDF)
Who Cares What Thomas Jefferson Thought About Patents? Reevaluating the Patent 'Privilege' in Historical Context by Adam Mossoff