Microsoft makes last-ditch move in i4i patent fight

Microsoft has filed a legal brief in a final push to defend itself against a judgement that it infringed on patents owned by i4i.

Microsoft has filed a new legal brief to the US Supreme Court in its bid to have a $200m patent infringement ruling overturned. Photo credit: Daniel Terdiman/CNET News

Microsoft's brief, filed on Thursday, argues that the US Supreme Court court should not require it to offer "clear and convincing evidence" to overcome the traditional presumption that patents approved by the US Patent and Trademark Office are valid. The filing comes just 11 days before Microsoft and i4i, a tiny Toronto company, present arguments in a hearing at the court. That hearing is likely to be the last opportunity Microsoft has to defend itself against a $200m (£122m) judgement that ruled it infringed on i4i's patents.

The response brief attempts to rebut i4i's claims that Microsoft should be held to the "clear and convincing" standard. Microsoft wants the court to apply the lower preponderance of the evidence standard, which would make it easier to invalidate i4i's claims. "i4i's argument rests on a distorted view of [the Patent and Trademark Office's] examination and re-examination procedures," Microsoft argues in its filing.

For more on this ZDNet UK-selected story, see Microsoft wants different standard in patent fight on CNET News.