Comments
yourfanat wrote: I am using another tool for Oracle developers - dbForge Studio for Oracle. This IDE has lots of usefull features, among them: oracle designer, code competion and formatter, query builder, debugger, profiler, erxport/import, reports and many others. The latest version supports Oracle 12C. More information here.
Cloud Expo on Google News
SYS-CON.TV
Cloud Expo & Virtualization 2009 East
PLATINUM SPONSORS:
IBM
Smarter Business Solutions Through Dynamic Infrastructure
IBM
Smarter Insights: How the CIO Becomes a Hero Again
Microsoft
Windows Azure
GOLD SPONSORS:
Appsense
Why VDI?
CA
Maximizing the Business Value of Virtualization in Enterprise and Cloud Computing Environments
ExactTarget
Messaging in the Cloud - Email, SMS and Voice
Freedom OSS
Stairway to the Cloud
Sun
Sun's Incubation Platform: Helping Startups Serve the Enterprise
POWER PANELS:
Cloud Computing & Enterprise IT: Cost & Operational Benefits
How and Why is a Flexible IT Infrastructure the Key To the Future?
Click For 2008 West
Event Webcasts
Supremes Hear Microsoft-i4i Case
Established rules say Microsoft needed to offer “clear and convincing evidence” to knock i4i out of the box

Whether Microsoft has to pay little i4i what must now be about $300 million on interest alone for infringing its XML patent is now in the lap of the eight Supreme Court justices who heard oral arguments in the closely watched case Monday.

As the Seattle Times says, it "could potentially wipe out billions of dollars of value from existing US patents."

Microsoft and many of its fair-weather friends in Silicon Valley like Apple, Google, Cisco and Intel - not to mention folks like Wal-Mart and MasterCard - want the Supremes to overturn the jury verdict in favor of the Canadian company on the grounds that it should be easier to invalidate a patent.

Established rules say Microsoft needed to offer "clear and convincing evidence" to knock i4i out of the box.

Microsoft claims it should only need a "preponderance of the evidence," the same standard a patent holder uses to prove infringement.

Microsoft told the court that "When the Patent Office didn't even consider the evidence, it makes absolutely no sense" to demand the clear-and-convincing standard to defend widgetry that should never have been patented in the first place. It "ensures the enforcement of invalid patents."

Microsoft claims i4i destroyed code that would have nixed a patent if the PTO had seen it because it was already selling the product for more than a year before i4i put in its patent papers, in other words past the point of patentability - aside from being obvious.

The Dow Jones said the questions the Supremes posed indicate they're in a bind about changing a legal custom set by one of their own in 1934. Computerworld's sources think they're leaning toward Microsoft's position.

Justice Stephen Breyer was quoted as saying, "It's a bad thing not to give protection to an invention that deserves it, and it is just as bad a thing to give protection to an invention that doesn't deserve it. Both can seriously harm the economy."

"So I can't work out in my own mind whether in today's world these first principles cut for the patentee or cut for the challenger to the patent."

The award is supposed to be the largest ever upheld by the Federal Circuit in a patent case and Microsoft had to change Word even though the peculiar document-editing slice of the widgetry was little used in the market.

Pharmaceutical companies, venture capitalists, universities and the Justice Department - which argued on behalf of the PTO in presuming an approved patent to be valid - are backing i4i, which claims it's gonna win.

After the hearing, i4i chairman Loudon Owen put out a statement saying, "In our view, Microsoft cannot overcome the prevailing law and sound policy of the clear-and-convincing standard based on its spin campaign that now seems to be focused on innuendo about i4i and an atrociously weak argument that weakening the patent system will encourage innovation. We are confident we will continue to prevail."

Microsoft could have a decision in two or three months. It needs five justices on its side.

Chief Justice John Roberts recused himself. He or his family owns Microsoft stock.

The companies have been litigating since 2007 and, if Microsoft wins, it would mean another trial at the lower standard.

About Maureen O'Gara
Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

In order to post a comment you need to be registered and logged in.

Register | Sign-in

Reader Feedback: Page 1 of 1

Latest Cloud Developer Stories
The platform combines the strengths of Singtel's extensive, intelligent network capabilities with Microsoft's cloud expertise to create a unique solution that sets new standards for IoT applications," said Mr Diomedes Kastanis, Head of IoT at Singtel. "Our solution provides speed...
There are many examples of disruption in consumer space – Uber disrupting the cab industry, Airbnb disrupting the hospitality industry and so on; but have you wondered who is disrupting support and operations? AISERA helps make businesses and customers successful by offering cons...
ScaleMP is presenting at CloudEXPO 2019, held June 24-26 in Santa Clara, and we’d love to see you there. At the conference, we’ll demonstrate how ScaleMP is solving one of the most vexing challenges for cloud — memory cost and limit of scale — and how our innovative vSMP MemoryON...
Darktrace is the world's leading AI company for cyber security. Created by mathematicians from the University of Cambridge, Darktrace's Enterprise Immune System is the first non-consumer application of machine learning to work at scale, across all network types, from physical, vi...
Codete accelerates their clients growth through technological expertise and experience. Codite team works with organizations to meet the challenges that digitalization presents. Their clients include digital start-ups as well as established enterprises in the IT industry. To s...
Subscribe to the World's Most Powerful Newsletters
Subscribe to Our Rss Feeds & Get Your SYS-CON News Live!
Click to Add our RSS Feeds to the Service of Your Choice:
Google Reader or Homepage Add to My Yahoo! Subscribe with Bloglines Subscribe in NewsGator Online
myFeedster Add to My AOL Subscribe in Rojo Add 'Hugg' to Newsburst from CNET News.com Kinja Digest View Additional SYS-CON Feeds
Publish Your Article! Please send it to editorial(at)sys-con.com!

Advertise on this site! Contact advertising(at)sys-con.com! 201 802-3021



SYS-CON Featured Whitepapers
ADS BY GOOGLE