Intellectual Property - 2010-2011 Winter Bulletin

Contents

• The Supreme Court Heeds Calls to Consider Lowering the Standard of Proof for Patent Validity Challenges
• Federal Circuit Rejects Attempt to Narrow Standing Requirements for False Patent Marking Claims
• Quick Updates
• Even When Trade Secret Misappropriation Leads to Financial Loss, a Reasonable Royalty May Apply
• Timely Action Required to Oust Cybersquatters
• Law Firm Sued for Sham Reexaminations
• First Circuit to Address Limits on Copyright Damages

The Supreme Court Heeds Calls to Consider Lowering the Standard of Proof for Patent Validity Challenges
By Ilana S. Rubel

On November 29, 2010, the Supreme Court granted certiorari in Microsoft Corporation v. i4i Limited Partnership, 598 F.3d 831 (Fed. Cir. 2010), cert. granted, 79 U.S.L.W. 3326 (U.S. Nov. 29, 2010) (No. 10-290), a case that could prove to be a patent litigation game-changer. The Court was asked by Microsoft (and a small army of amici) to strike the Federal Circuit's long-held