As reported on Patently-O, after Microsoft was ordered by a jury (where else: the Eastern District of Texas) to pay over $100M in damages for patent infringement, and after losing on appeal to in the CAFC, Microsoft is asking the Supreme Court to overturn the CAFC's requirement that "clear and convincing evidence" be presented to invalidate a patent even when a defendant presents evidence of invalidity that was not considered by the PTO. Microsoft is right. Why there should be any presumption of validity at all for any issued patent, given the PTO's bureaucratic incompetence, is not clear (or convincing).