i4i

i4i Under the current standard, patent holders publicly disclose information in exchange for a temporary monopoly over the patented product. Conceptually, the "clear and convincing" standard offers patent holders better protection when the patent is challenged in court. However, the standard is based on the presumption that the U.S. Patent and Trademark Office properly vetted the patent application, something Microsoft argued can't be assured.However, the high court dismissed Microsoft argument, preserving the status quo.


The Court rejects Microsoft's contention that a defendant need only persuade the jury of a patent invalidity defense by a preponderance of the evidence," according to the ruling. "Also rejected is Microsoft's argument that a preponderance standard must at least apply where the evidence before the factfinder was not before the PTO during the examination process."While it's fairly common for an inventor to obtain a patent for a process simply for the purpose of suing other companies -- better known as patent trolling -- i4i developed a product and established a sizable client base, particularly among pharmaceuticals such as Bayer, Merk and Schwartz Pharma. Microsoft showed interest during the development of Office 2003, for creating custom XML schemas. In March 2007, i4i filed a patent infringement suit alleging that Microsoft's approach to custom XML schemas in Office 2003 and 2007 violated U.S. patent 5,787,449.

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