Microsoft's persistence brings software patent fight to Supreme Court

18.04.2011
The Supreme Court on Monday heard oral arguments on i4i's patent lawsuit against , and the software industry is holding out hope that a pro-Microsoft ruling will help bring sanity to a software patent system run amok.

Microsoft wants the high court to lower the standard of proof required to overturn a patent. But opposition to the change is also running high as the ruling would affect all patents, not just those for software, potentially making it easier to overturn any patent.

BIG STAKES:

Intellectual property experts and patent-owning corporations from multiple industries have piled on this case, filing more than 40 amicus briefs, with the software industry mostly on Microsoft's side. Support from Microsoft even includes its typical rivals . In opposition stand such heavyweights .

"The case raises a pivotal issue in patent law, and the standard that applies when the defendant challenges the validity of a patent," Andy Culbert, associate general counsel at Microsoft, told Network World. "I don't think this case is anything at all like the David versus Goliath case that i4i says it is. If you look at all amicus briefs that i4i solicited, many of them are from major pharmaceutical companies. I don't think you could characterize pharmaceutical companies as 'the little guy.'"

CASE UNFOLDS: