Comments on: i4i files Supreme Court brief in Microsoft suit

By: Anonymous

Anonymous — Mon, 21 Mar 2011 00:16:00 +0000

I like Patently-O’s take on i4i’s brief. Professor Crouch charts a course by which i4i could conceivably win this patent litigation. He points out: “Although i4i argues that the level of proof should remain clear-and-convincing, it also admits that the Federal Circuit has consistently held that the burden can be more easily satisfied with prior art that the PTO never considered…This argument apparently works for i4i because, although the jury might not have been instructed on the proper appliation of the standard, Microsoft has not preserved that issue for further appeal.”
Perhaps, then, i4i can have it both ways.
http://www.generalpatent.com/media/videos/learn-more-about-general-patent-corporation

By: Anonymous

Anonymous — Tue, 15 Mar 2011 17:27:00 +0000

The only real winner in this kind of battle is the lawyers.

By: Paladin217

Paladin217 — Tue, 15 Mar 2011 14:31:00 +0000

At this stage, the infringement is not “alleged”. Since none of the appeals have been successful, Microsoft is legally declared to be infringing the patent.

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