Microsoft Urges Fed. Circ. To Revisit Lucent Patent

Law360, New York (October 13, 2009, 7:25 PM EDT) -- Seeking to invalidate Alcatel-Lucent’s patent for on-screen tools — and set a precedent lowering the standard of proof required to do so — Microsoft Corp. has petitioned the U.S. Court of Appeals for the Federal Circuit, fresh from vacating a $358 million damages award in the case, to rehear the validity issue en banc.

Microsoft lodged its petition Tuesday, claiming that the time is ripe for the Federal Circuit to determine whether invalidity can be proven by the preponderance of the evidence rather than by clear...
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