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.NET News Desk Microsoft Appeals to Supreme Court
It had no luck appealing to the Court of Appeals for the Federal Circuit in December
By: Maureen O'Gara
Sep. 5, 2010 12:00 PM
Microsoft last Friday filed for a writ of certiorari hoping the US Supreme Court will agree to review the i4i v Microsoft patent infringement decision against it. That's the one that enjoined some versions of Word for using i4i's custom-XML technology. In response i4i, which has been waiting for this shoe to drop, came out with a statement proclaiming its confidence in collecting the $290 million-and-counting awarded it by the district court last year. Microsoft had no luck appealing to the Court of Appeals for the Federal Circuit in December, and couldn't get a rehearing from that court in March either. It claims the appeals court departed from Supreme Court precedent and rulings by all other appellate courts on patent validity. Proper standards of proof, it said in a statement, are "a crucial issue for the proper functioning of the patent system."
Meanwhile, Toronto-based i4i just survived a re-examination by the Patent Office intact. According to Reuters i4i spent over $15 million on legal fees since suing Microsoft in 2007. If the Supremes take the case - always a long shot - i4i would probably settle. Reader Feedback: Page 1 of 1
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