Red Hat Joins Supreme Court Amicus Brief to Reform US Patent System

Red Hat, a leading provider of open source solutions, has continued its efforts to improve the U.S. patent system by joining a group of companies in an amicus brief to the Supreme Court. The brief, which was filed in the case of Microsoft v. i4i Limited Partnership, argues that the burden of proof applied to invalidate patents impedes development and should be changed. The amicus brief, supported by 20 major companies, explains that the existing standard favors holders of bad patents and hinders innovation.

Key Takeaways:

• Red Hat joined a group of 20 companies, including Google, Verizon, and Dell, in an amicus brief to the Supreme Court to challenge the current patent system.
• The amicus brief argues that the burden of proof applied to invalidate patents, which requires clear-and-convincing evidence, is too high and favors holders of bad patents.
• The brief argues that this standard should be replaced by the standard of preponderance of the evidence, which would make it easier to invalidate patents that should never have been granted.
• Red Hat has filed amicus briefs with the Supreme Court in the past, including a brief submitted in December 2010 that sought to reverse a lower court decision that threatened to expand patent litigation.
• The company also addressed the Court on the issue of patentability for abstract subject matter in an amicus brief submitted in October 2009 in the Bilski case.

Statistics:

• 20 major companies, including Red Hat, Google, and Dell, joined the amicus brief to the Supreme Court.
• The burden of proof applied to invalidate patents requires clear-and-convincing evidence, which is a high standard that favors holders of bad patents.
• The number of bad patents issued based on minimal review hinders development and innovation in the US.

Sources:

http://www.redhat.com/f/pdf/amicus-brief-2011-02-02.pdf

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