See also National Post, “Chairman of i4i confident Microsoft defeated”
““We think it went tremendously well,” he [Loudon Owen, chairman of Toronto based i4i] said in a telephone interview after leaving the Washington courtroom. “I would be very very surprised if it wasn’t a favourable ruling for us.””
“Just as Microsoft lawyer Thomas Hungar began presenting its arguments, Justices Antonin Scalia, Ruth Bader Ginsberg, and Elena Kagen pressed him on the legal precedent in a 1934 case that seemed to mandate using a higher evidentiary standard.
“The language of that opinion is extremely broad,” Kagan said, according to a transcript. “And if you read that opinion, no one would gather from that opinion the kinds of limits that you’re suggesting on it.
Ginsburg, too, seemed to read the earlier ruling as requiring a higher standard of evidence than Microsoft proposes.
“An infringer who assails the validity of a patent…bears a heavy burden of persuasion and fails unless his evidence has more than a dubious preponderance,” Ginsburg said.”