Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging shortly before 10:00 a.m.

Microsoft v. i4i Limited Partnership

Docket No. Op. Below Argument Opinion Vote Author Term
10-290 Federal Cir. Apr 18, 2011
Tr.Aud.
Jun 9, 2011 8-0 Sotomayor OT 2010

Disclosure: Goldstein, Howe & Russell represent 3M Company et al. as amici curiae in support of respondents.

Holding: Section 282 of the Patent Act requires an invalidity defense to be proved by clear and convincing evidence. (Roberts, C.J., recused.)

Judgment: Affirmed, 8-0, in an opinion by Justice Sonia Sotomayor on June 9, 2011. Justice Breyer filed a concurring opinion, which was joined by Justices Scalia and Alito. Justice Thomas filed an opinion concurring in the judgment. (Roberts, C.J., recused).

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