Thursday, 9 June, 2011
Microsoft, defeated by Toronto i4i at US Supreme Court, ordered to pay $290 million for patent infringement. See full US Supreme Court decision.
See my previous Microsoft v. i4i articles here (2011), here (2011), and here (2009).
Monday, 18 April, 2011
Check out Patently O’s “Summary of Microsoft v. i4i Oral Argument“‘ See a rough US Supreme Court transcript of this case. [HT Patently O]
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.””
Reuters, “Top court hears Microsoft appeal on i4i patent”
CNet, “Supreme Court queries Microsoft on patent law”
“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.”
Sunday, 17 April, 2011
“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,
* “Microsoft v. i4i: Shifting Weight of Evidence versus Shifting Burden of Proof”
* “Briefing Microsoft v. i4i: Amicus Briefs Supporting Easier Invalidation of Patents in Court“
Thursday, 1 October, 2009
Supreme Court Week will air on C-Span starting this Sunday Oct 4th.
Check out this Justices in their own words clip, “Justice Sotomayor On The Call From President Obama“. Let us never forget the justices are humans too and are not always right. What we hope they will try to be is to be fair, impartial and look at the cases without prejudices.