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U.S. Government Backs i4i over Microsoft as Patent Dispute Reaches Supreme Court
The Canadian software developer i4i LLP, which sued Microsoft over an alleged patent violation and won, has added the U.S. government to its list of supporters.
Microsoft lost on appeal in a lower court after a jury awarded i4i more than $290 million in damages for unauthorized use of its patented XML technology in Microsoft Word. i4i's patent was "willfully infringed" in older versions of Microsoft Word, according to the ruling by the U.S. Court of Appeals.
Microsoft is currently arguing at the U.S. Supreme Court that the standard of proof is too high to disprove a patent in cases where the U.S. Patent and Trademark Office lacked prior-art information. The U.S. Supreme Court is scheduled to hear oral arguments in the case on April 18, with a decision expected by the end of June.
The 33-page March amicus filing (PDF) by attorneys at the U.S. Department of Justice and U.S. Patent and Trademark Office simply concludes that "the decision of the court of appeals [in the i4i v. Microsoft case] should be affirmed."
i4i has filed 22 amicus, or "friend of the court," briefs from various companies, venture capitalists and the U.S. government. The briefs all argue against Microsoft's appeal for revising the burden of proof in patent challenges, according to an announcement issued by i4i on Monday.
Microsoft has its own supporters including amicus-brief backing from Apple, Google, GM, Verizon and the Electronic Frontier Foundation, among others.
The company also recently backed Congressional efforts aiming at revising U.S. patent laws. Senate Bill S.23, or the "America Invents Act," was passed by the Senate last week, with deliberations in the House still pending.
i4i provides links to all 22 amicus-brief filers here. Seven former military officers also weighed in against revising the standard of proof in patent disputes. That brief (PDF) concluded that "to lower the standard [of proof in patent cases] risks military preparedness and morale."
About the Author
Kurt Mackie is online news editor, Enterprise Group, at 1105 Media Inc.