Open Source On Same Side of Law Suit As Microsoft, Apple, Google, Intel and Dell?
Now there is a headline you don't see everyday. How often does the Electronic Frontier Foundation and the Apache Foundation join such strange bedfellows as Apple, Google, Intel and Dell in (get this) support of a case that Microsoft is trying to put before the Supreme Court. The petition seeks to lower the bar to proving a software patent invalid.
The case involves Microsoft's defense of a patent infringement suit brought by i4i, Ltd.. Microsoft lost the case and on appeal, the appeals court affirmed the decision saying that in order to invalidate the patent, Microsoft would have the burden of proving the patent wrong by “clear and convincing” evidence. Microsoft then filed this Petition For A Writ Of Certiorari asking the Supreme Court to rule that "clear and convincing" burden was too high.
Apple, Google, Intel, HP, Dell, the EFF and the Apache Foundation have all filed briefs in support of Microsoft's petition. The reason is they all believe the burden should not be so high to overturn a bad patent.
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