Microsoft Asks High Court To Ease Patent Invalidation

Law360, New York (January 27, 2011, 3:45 PM EST) -- Microsoft Corp. has filed an opening brief in its closely watched intellectual property battle with i4i Inc., asking the U.S. Supreme Court to review the standard of evidence for proving invalidity and make it easier to invalidate patents in court.

Microsoft, which seeks a new trial in its appeal of a $290 million patent infringement judgment against it, said there should be a lower evidentiary standard for proving invalidity when certain prior art is not considered by the patent examiner during prosecution, according to its opening...
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