Tag: certiorari
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WildTangent Files its Supreme Court Certiorari Petition – Part 1
In September of 2009, Ultramercial, Inc. sued WildTangent, Inc., Hulu and YouTube in the Central District of California for alleged patent infringement of U.S. 7,346,545 (the ‘545 patent). The ‘545 patent claims trading advertisement viewing for access to content over the Internet. The Abstract of the ‘545 patent reads: The present invention is directed to…
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Microsoft v. i4i – Part II: The Supreme Court’s Many Options
Posted March 6, 2011 The previous post included a summary of the facts from the Microsoft petition for certiorari. The Supreme Court has several options when deciding the outcome of this case. It can maintain the Federal Circuit’s existing presumption of validity. On the other hand, it can relieve an accused infringer from having to…
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Microsoft v. i4i and the Presumption of Validity – Part 1
Posted March 5, 2011 In Microsoft v. i4i, which has been granted certiorari by the Supreme Court, Microsoft’s position is that the presumption of validity should not be enjoyed by a patent owner for prior art not considered by an Examiner in ex parte prosecution of a patent application. The upshot of its position is…