Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

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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