Microsoft, defeated by Toronto i4i at US Supreme Court, ordered to pay $290 million for patent infringementThursday, 9 June, 2011
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.”
“The United States Supreme Court will begin hearing arguments Monday for and against changing U.S. patent law to make it easier to invalidate patents – the latest chapter in a historic legal battle between a small Toronto company [i4i] and the largest software firm [Microsoft] on earth.”
For some insightful discussions and “light” readings, see following from Patently O,
From TorStar “U.S. appeals court backs T.O. firm over Microsoft“,
“Microsoft Corp. has lost an appeal against a small Toronto company in a patent fight that cost the world’s biggest software maker $290 million (U.S.) and forced it to alter its ubiquitous MS Word program.”
i4i v. Microsoft (CAFC 2009-1504)
Since 2003, versions of Microsoft Word, a word processing and editing software, have had XML editing capabilities. In 2007, i4i filed this action against Microsoft, the developer and seller of Word.
These two commentaries on the case in The Patent Prospector were fun to read,
“As with other issues in this case, Microsoft screwed its own pooch with procedural sloppiness.”
“There was no hesitation to rub salt in that wound.”
[via The Patent Prospector]