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DOJ and USPTO File Amicus Brief Supporting “Clear and Convincing” Standard of Proof

Acting Solicitor General Neal Katryal filed an amicus brief in the case of i4i v. Microsoft in favor of keeping the present standard of proof in a patent infringement case. The amicus brief was also signed off by the U.S. Patent and Trademark Office. The i4i case involves a dispute involving alleged patent infringment by Microsoft of its XML technology in Microsoft Word. At issue in the case is the standard of proof for patent infringment which is currently the higher “clear and convincing” than “preponderance of evidence” in most civil cases (including copyright and trademark infringement). The US Supreme Court is scheduled to hear oral arguments in i4i v. Microsoft on April 18th and is expected to render a decision in the case by the end of June.