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Supreme Court Treated Like Small Claims

Microsoft has lost, lost again and lost once more in its patent dispute with i4i over how Word implements XML. Microsoft has already removed the offending code, but the company just doesn't like to lose. Now it appears it will be appealing this puppy all the way to the U.S. Supreme Court.

As I understand it, the Supreme Court is not all compelled to hear the case, and I'd argue there are a number of things more important for the court to consider than a patent suit -- which is already basically resolved.

Should these justices give this appeal the time of day, and if not, what is the most important issue they should deal with? Legal advice welcome at dbarney@redmondmag.com.

Posted by Doug Barney on August 09, 2010 at 11:53 AM


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Reader Comments

Tue, Aug 10, 2010 Tom

In general my feeling is that software patents are issued in far too broad a manner. I'm not convinced that any software patent is a good thing (with certain possible exceptions).

Tue, Aug 10, 2010 Christopher D. Bell Glossop, UK

Since this case kicked off I have only ever had two words: "Prior Art". I have always believed that i4i's patent hinged on them patenting something that was already "in the wild" and therefore was prior art. But then without this shambles which is the US patent system how could we otherwise deal with thousands of unemployable parasites? (I believe that you refer to them as patent attorneys).

Mon, Aug 9, 2010 GoldenGal Golden, CO

IMHO the Supreme Court should refuse to listen to this case. As you pointed out, it's a patent infringement case, and it's been decided. What other argument could there be? If anyone has more information on why MS counsel believes the SC should hear this case, please comment.

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