Microsoft Corp. v. I4i Limited Partnership — Thomas, J., Concurring

Summary

Justice Thomas concurs in the judgment, agreeing that the clear and convincing evidence standard applies to patent invalidity, but argues that Congress did not codify this standard in 35 U.S.C. § 282. He concludes the common-law rule persists because the statute is silent on the standard of proof. He notes the separate concurrence by Justice Breyer.