Microsoft’s recent (US) Supreme Court defeat at the hands of Canada’s i4i will cost them almost US$300m in damages for willful infringement of the latter’s XML patent. But in the longer term, the Court’s refusal to lower the burden of proof in challenges to a patent’s validity is good news for businesses with important patent portfolios.
At issue before the Court was section 282 of the (US) Patent Act, which reads, in part, as follows (my emphasis):
“35 U.S.C. 282 Continue reading »