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Microsoft To Challenge Legal Standards In Patent Cases

Microsoft has questioned the manner in which US courts decide the validity of a patent, claiming that the legal standards are too high.

In a bid to urge the US Supreme Court to review its standards, the company has managed to garner support from a number of tech super powers, various US trade groups and even the Electronic Frontier Foundation.

The software giant, which has won several patent infringement lawsuits in the past, found itself on the wrong end of the law when a US court slapped it with multi-million dollar fine in a patent infringement lawsuit brought against Microsoft by i4i.

The patent lawsuit involves a XML technology used in Microsoft's Word 2003 and 2007 applications.

i4i claimed that Microsoft infringed on its patent related to the tech and demanded millions of dollars in damages and a court order to stop Microsoft from selling the applications, which it eventually got.

The EFF explained in a blog post: “the U.S. Court of Appeals for the Federal Circuit decided that a defendant trying to prove a patent invalid must do so by a higher standard than normal civil cases, that of “clear and convincing” evidence.”