ARE Patent Litigation Alert:
USPTO Proposes to Revise the Materiality Standard for the Duty to Disclose to Conform with the Therasense

Yesterday, the United States Patent and Trademark Office (“USPTO”) proposed to revise the standard for materiality in the duty to disclose information during the prosecution of patents in light of the Federal Circuit’s decision in Therasense, Inc. v. Becton, Dickinson & Co, Nos. 208-1511, 2008-1512, 2008-1513, 2008-1514, 2008-1595, 2011 WL 2028255 (Fed. Cir. May 25, […]

ARE Litigation Alert: U.S. Supreme Court Confirms “Clear and Convincing” Evidence Standard Applies to Validity Challenges for Patents

(June 9, 2011) On June 9, 2011, the U.S. Supreme Court confirmed that the presumption of validity under 35 U.S.C. § 282 requires an accused infringer to meet a “clear and convincing” standard to prevail on an invalidity defense in Microsoft Corp. v. i4i Limited Partnership, No. 10-290, 564 U.S. __ (S.Ct. Jun. 9, 2011). […]