U.S. Supreme Court Today - i4i v. Microsoft

WASHINGTON D.C., April 18, 2011 - In Washington DC today, eight Supreme Court justices heard oral argument
of the appeal for i4i v Microsoft. Microsoft has asked the Supreme Court to
lower the standard of proof, for challenges to the validity of a properly
issued patent, from clear and convincing evidence to a preponderance of
evidence.

Seth Waxman, of WilmerHale, who was Solicitor General in the Clinton
Administration, argued on behalf of i4i. The United States argued in favor of
i4i's position, and was represented by Malcolm L. Stewart, Deputy Solicitor
General.

Loudon Owen, Chairman of i4i, says, "We certainly appreciate the
extraordinary presentation to the Supreme Court of i4i's position by these
magnificent counsel. It is abundantly clear that the fundamental change in
the law, which Microsoft seeks, would result in an enormous decrease in
innovation." Owen continues, "Microsoft did not present either policy or
legal reasons that would justify any changes to the law, particularly the
sweeping change they now apparently seek."

Owen says, "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."

Owen says, "It is ironic and revealing that Microsoft itself has directly
cited i4i's '449 patent in four separate patent applications, and indirectly
in approximately 100 other patent applications, demonstrating that Microsoft
expressly seeks to build on i4i's invention in its own applications for
patents filed at the US Patent and Trademark Office."

In March 2007, i4i sued Microsoft for willful infringement of its patent.
On May 20, 2009, the jury found i4i's patent to have been willfully
infringed, and awarded Microsoft to pay damages to i4i. On August 11, 2009,
the Honorable Leonard Davis issued a final judgment against Microsoft that
included (a) an award of damages in excess of $290 million USD to i4i
(including enhanced damages, interest and post-verdict damages), and (b) a
permanent injunction, which took effect on January 11, 2010. Microsoft
unsuccessfully appealed to the Federal Circuit Court of Appeals in late 2009,
and also unsuccessfully sought a rehearing in early 2010. This was the
largest patent infringement judgment ever upheld by the Federal Circuit.

The case today was heard by the eight Associate Justices. The Chief
Justice of the United States, John Roberts, recused himself from the case.
For its appeal to be successful, Microsoft must win votes from five of the
eight Associate Justices. i4i's legal team includes WilmerHale, McKool Smith,
Finnegan Henderson, and Sterne Kessler. Written transcripts of the argument
will be available online later today. A decision from the Court is expected
by the end of June.

i4i is a global technology company headquartered in Toronto, Canada. For
more information on i4i v. Microsoft, selected court documents can be found
on www.i4ilp.com.

For further information: or to request interviews, please contact: Melony
Jamieson, melony@getitdone.ca or +1-416-518-6355

For further information: or to request interviews, please contact: Melony Jamieson, melony at getitdone.ca or +1-416-518-6355