Microsoft Corp. v. i4i Ltd. Partnership (10-290)
argument 10-290Microsoft Corp. v. i4i Ltd. Partnership
Supreme Court of the United States
58 min
4 speakers
8 chapters
transcribed 4 days ago
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What is the central dispute over the standard of proof in Microsoft v. i4i?
Case number 10290, Microsoft Corporation versus I4I Limited Partnership. Mr. Hungar, you may proceed.
Thank you, Justice Scalia, and may it please the court. The Federal Circuit's clear and convincing evidence standard ensures the enforcement of invalid patents, even though this court recognized in KSR that invalid patents stifle rather than promote the progress of liberal arts. Under this court's decisions in Grogan and Huddleston, The default preponderance standard should govern in all cases because Section two hundred and eighty two does not specify a heightened standard of proof. And as this court suggested in KSR, it makes no sense to have a heightened standard of proof when the relevant prior art evidence was never even considered by PTO. Under any view it was error to require clear and convincing proof of invalidity in the first time.
Your Honor, Justice Cardozo was not addressing a case in which the evidence at issue had not been considered by the Patent Office. To the contrary, the court made clear Well, you can't keep shifting horses.
Now, are are you gonna argue for all the time? in which case you can appeal to the general rule that we always apply, or are you gonna say, oh yes, we won't apply it normally, but only when the prior art hadn't been considered? I mean y you you you you can't ride both horses, they're going in different directions.
Your Honor, our position and our view of the correct interpretation of the statute is the Grogan and Huddleston approach. The statute does not specify a heightened standard, therefore preponderance the default standard applies. I was attempting to answer Justice Ginsburg's question about the RCA case. Uh and the RCA case didn't address the question that was discussed in KSR. But we believe, as I said, that the that the preponderance standard should govern across the board. So you got to say, W to the extent that that Justice Cardozo was discussing a heightened standard in the limited context of priority inventions, we think that that's not consistent with Section two hundred and eighty two, which of course came later.
Moreover, I would note that the concerns that undergirded the court's heightened standard in priority of invention cases were th those concerns were addressed to the the the problem of primarily oral testimony being offered to substantiate priority of invention claims. The Federal Circuit has separately addressed that issue by means of its uh corroboration requirement, which operates separate and independent of the clear and convincing evidence standard. So the concerns that undergirded RCA uh are are completely uh taken care of by that as well.
But Justice Cardozo certainly didn't limit his holding in the way you suggest. The language of that opinion is extremely broad, and if you read that opinion. No one would gather from that opinion the kinds of limits that you're suggesting on it.
Actually, Your Honor, I I agree that there is uh some grand language used in dictum in that case. Certainly the holding doesn't extend beyond the what was presented before the court. But actually if you read the language carefully you'll see again and again he refers to the fact that it's a a question of uh prior invention. He says when the defence of is a prior invention and then he quotes the heightened standard on page seven. Again on page eight he talks about the defence of invention by another. So he and every single one of the cases that he cites there without exception in that discussion on pages seven to eight is a priority of invention case, the barbed wire patent case being the leading example which had explained
this rationale for a heightened concern in that specific context. But you th you don't have cases applying Supreme Court cases applying the heightened standard in other contexts. And indeed you have many cases decided after R C A that don't mention any heightened standard in viewing invalidity questions.
Cardozo said, Through all the verbal variances there runs this common core of thought and truth.
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Chapters
8 chapters
1
What is the central dispute over the standard of proof in Microsoft v. i4i?
0:03–8:11
2
How do the parties interpret the presumption of patent validity under §282?
8:11–13:45
3
Why does the RCA case matter for the clear‑and‑convincing‑evidence rule?
13:45–20:09
4
What arguments are made about applying a pre‑ponderance standard when the PTO didn’t consider evidence?
20:09–27:41
5
How do the justices view congressional intent behind the 1952 patent statute?
27:41–35:22
6
What role do re‑examination and post‑grant review play in the parties’ strategy?
35:22–43:15
7
How do policy considerations about innovation and reliance influence the standard of proof?
43:15–51:53
8
What is the final request to the Supreme Court and why do the advocates believe the appellate decision should be reversed?
51:53–58:49