Microsoft Argued nto Lower the Burden of Proof Bar at Trial

In the case Microsoft v. i4i, Microsoft argued a position which could have drastically change patent law. They argue that a party being sued as a patent infringer should not need to show supporting evidence to the established standard of "a preponderance of the evidence" and instead proof showing that they are not infringing the complainants patent to the level of "clear and convincing" should satisfy their burden of proof.

See other comments:
http://www.pharmapatentsblog.com/supreme-court-decisions/supreme-court-ponders-burden-of-proof-in-i4i/

http://www.jdsupra.com/post/documentViewer.aspx?fid=38adc0d1-dea6-4f0a-920f-4df4e29814bd