Linked by Thom Holwerda on Thu 9th Jun 2011 20:40 UTC
Legal "The Supreme Court ruled against Microsoft on Thursday in its appeal of a record $290 million jury verdict for infringing a small Canadian software firm's patent. The justices unanimously upheld an appeals court's ruling that went against the world's largest software company in its legal battle with Toronto-based i4i Limited Partnership. The smaller company had argued that Microsoft Word had infringed its method for editing documents. Microsoft contended that i4i's patent was invalid."
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Legal purity versus reality
by Yamin on Fri 10th Jun 2011 18:47 UTC
Yamin
Member since:
2006-01-10

The legal system has huge problem when it basically becomes a regulator or administrative agency.

Basically you have the patent office which grants patents. Their criteria is vague and depends a lot on judgment.

Yet, when patent violations occur, these issues head into the legal system with the patents treated as gold.

I'm not going to blame this on the courts per se as the legislative branch writes these rules. But the wording of congress is sufficiently vague, that they could have used it to 'push' the issue a different way.

patents are “presumed valid” and that “the burden of establishing invalidity” rests “on the party asserting such invalidity.”

I personally hope congress rewords the law to make it clear that a patent can be overturned by a preponderance of the evidence.

That all said, Microsoft behaved really poorly in this case. First they worked with i4i... then they did their own thing.

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