Microsoft's Patent Appeal Gains Momentum with 20 Company Support

Strategic Insights -

Microsoft's appeal to the US Supreme Court has received significant backing from twenty prominent technology companies, including Red Hat, Google, and Dell, in a bid to change the standard of evidence for proving a patent invalid. The companies want to shift from the current "clear and convincing" standard to a "preponderance of the evidence" standard, which would make it easier to invalidate patents deemed unnecessary or flawed. According to the brief, the current standard hinders innovation by allowing flawed patents to remain in place.

Key Takeaways:

  • Twenty companies have filed an amicus brief in support of Microsoft's appeal to the US Supreme Court.
  • The brief argues that the current "clear and convincing" standard of evidence for proving a patent invalid hinders innovation by allowing flawed patents to remain in place.
  • The companies propose shifting to a "preponderance of the evidence" standard, which would make it easier to invalidate patents deemed unnecessary or flawed.
  • Red Hat, speaking for the group, stated that the current standard prevents invalidation of "lots of patents that should never have been granted."
  • The brief highlights the challenge of juries without technical backgrounds understanding the evidence needed to invalidate patents.
  • Companies such as Google, Dell, and HTC are among those supporting Microsoft's appeal.

Statistics:

  • 25 years: the duration of the current "clear and convincing" standard of evidence for proving a patent invalid.
  • 20: the number of companies that have filed an amicus brief in support of Microsoft's appeal.
  • 1: the single standard (preponderance of the evidence) proposed by the companies as an alternative to the current standard.

Sources:

  • Red Hat: "Red Hat Announces Support for Microsoft's Patent Appeal" - http://www.redhat.com/f/pdf/amicusbrief-2011-02-02.pdf