Decided
Microsoft v. i4i Limited Partnership
Holding
Section 282 of the Patent Act requires an invalidity defense to be proved by clear and convincing evidence. (Roberts, C.J., recused.)
Judgment
Affirmed, 8-0, in an opinion by Sonia Sotomayor on Jun 9, 2011. Justice Breyer filed a concurring opinion, which was joined by Justices Scalia and Alito. Justice Thomas filed an opinion concurring in the judgment. (Roberts, C.J., recused).
Merits Briefs
- Brief for Petitioner Microsoft
- Brief for Respondents i4i Limited Partnership et al.
- Reply Brief for Petitioner Microsoft
Amicus Briefs
- Brief for the Bar Association of the District of Columbia Patent, Trademark and Copyright Section in Support of Neither Party
- Brief for Apotex, Inc. in Support of Petitioner
- Brief for Professor Lee A. Hollaar in Support of Petitioner
- Brief for Synerx Pharma, LLC in Support of Petitioner
- Brief for the American Intellectual Property Law Association in Support of Neither Party
- Brief for the Securities Industry and Financial Markets Association and the Clearing House Association in Support of Petitioner
- Brief for Roberta J. Morris, ESQ., Ph.D. in Support of Neither Party
- Brief for the Electronic Frontier Foundation, Public Knowledge, and Apache Software Foundation in Support of Petitioner
- Brief for Google, Inc., Verizon Communications, Inc., Consumer Electronics Association, Comcast Corp., Dell Computer Corp., Hewitt-Packard Co., HTC Corp., Intuit Inc., L-3 Communications Corp., Linkedin Corp., Lockheed Martin Corp., Mastercard Worldwide, the New York Times Company, Rackspace Hosting Inc., Red Hat, Inc., Shutterfly, Inc., Software and Information Industry Association, Time Warner Inc., Wal-Mart Stores, Inc., and Zynga Inc. in Support of Petitioner
- Brief for the Hercules Open-Source Project in Support of Petitioner
- Brief for Internet Retailers in Support of Petitioner
- Brief for Federation Internationale Des Conseils En Propriete Industrielle in Support of Neither Party
- Brief for the Business Software in Support of Petitioner
- Brief for the EMC Corporation in Support of Petitioner
- Brief for the Public Patent Foundation in Support of Petitioner
- Brief for the International Business Machines Corporation in Support of Neither Party
- Brief for Apple Inc. and Intel Corporation in Support of Reversal
- Brief for SAP America, Inc. Acushnet Company, Facebook, Inc., General Motors, LLC, Pregis Corporation, Symantec Corporation, Terex Corporation, and Yahoo! Inc. in Support of Petitioner
- Brief for CTIA-The Wireless Association in Support of Petitioner
- Brief for the Computer and Communications Industry Association in Support of Petitioner
- Brief for Teva Pharmaceuticals USA, Inc. in Support of Vacation
- Brief for Cisco Systems, Inc., eBay, Inc., Netflix, Inc., Office Depot, Inc., Toyota Motor Corporation, and Trimble Navigation Limited in Support of Petitioner
- Brief for 37 Law, Business, and Economics Professors in Support of Petitioner
- Brief for Timex Group USA, Inc., MacDermid, Inc., Gem Manufacturing, Inc., Perfect 10 Antenna Company, Inc., and Carson Optical, Inc. in Support of Petitioner
- Brief for Amicour IP Group, LLC in Support of Respondents
- Brief for elcommerce.com.inc. in Support of Respondents
- Brief for the United States in Support of Respondents
- Brief for Project FastLane Inc. in Support of Respondents
- Brief for Unity Semiconductor Corp. in Support of Respondents
- Brief for Eagle Harbor Holdings, LLC in Support of Respondents
- Brief for Seven Retired Naval Officers in Support of Respondents
- Brief for Genentech et al. in Support of Respondents
- Brief for 3M Company et al. in Support of Respondents
- Brief for Venture Capital Firms Aberdare Ventures et al. in Support of Respondents
- Brief for an Association of Practicing Entities in Support of Respondents
- Brief for Bayer AG in Support of Respondents
- Brief for Biotechnology Industry Organization et al. in Support of Respondents
- Brief for The Boston Patent Law Association in Support of Respondents
- Brief for Former USPTO Commissioners and Directors in Support of Respondents
- Brief for Intellectual Property Owners Association in Support of Respondents
- Brief for Intellectual Ventures Management et al. in Support of Respondents
- Brief for IP Advocate in Support of Respondents
- Brief for Dr. Ron D. Katznelson in Support of Respondents
- Brief for The Pharmaceutical Research and Manufacturers of America in Support of Respondents
- Brief for San Diego Intellectual Property Law Association and Connect in Support of Respondents
- Brief for Triantafyllos Tafas, PhD in Support of Respondents
- Brief for Tessera, Inc. et al. in Support of Respondents
- Brief for University Patent Owners and Licensees et al. in Support of Respondents
[##CERT-STAGE##]
Related Coverage
Jun 8, 2010Application (09A1195) to extend the time to file a petition for a writ of certiorari from June 30, 2010 to August 27, 2010, submitted to Justice Stevens. (The Chief Justice is recused.)
Jun 9, 2010Application (09A1195) granted by Justice Stevens extending the time to file until August 27, 2010.
Aug 27, 2010Petition for a writ of certiorari filed. (Response due September 29, 2010)
Sep 13, 2010Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the petitioner.
Sep 17, 2010Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondents.
Sep 21, 2010Order extending time to file response to petition to and including October 29, 2010.
Sep 29, 2010Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
Sep 29, 2010Brief amicus curiae of CTIA - The Wireless Association filed.
Sep 29, 2010Brief amici curiae of Google Inc., et al. filed.
Sep 29, 2010Brief amicus curiae of Intel Corporation filed.
Sep 29, 2010Brief amici curiae of 36 Law, Business, and Economics Professors, Howard B. Abrams, et al. filed.
Sep 29, 2010Brief amici curiae of Teva Pharmaceuticals USA, Inc., et al. filed.
Sep 29, 2010Brief amici curiae of Facebook, Inc., et al. filed.
Sep 29, 2010Brief amici curiae of Acushnet Company, et al. filed.
Sep 29, 2010Brief amici curiae of Electronic Frontier Foundation, et al. filed.
Sep 29, 2010Brief amicus curiae of Apple Inc. filed.
Sep 29, 2010Brief amicus curiae of Yahoo!, Inc. filed.
Oct 28, 2010Brief of respondents I4I Limited Partnership, et al. in opposition filed.
Nov 5, 2010Reply of petitioner Microsoft Corporation filed.
Nov 8, 2010DISTRIBUTED for Conference of November 23, 2010.
Nov 29, 2010Petition GRANTED. The Chief Justice took no part in the consideration or decision of this petition.
Dec 7, 2010Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents
Dec 8, 2010Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Dec 21, 2010The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 26, 2011.
Dec 21, 2010The time to file respondents' brief on the merits is extended to and including March 11, 2011.
Jan 26, 2011Joint appendix filed. (Statement of costs filed.)
Jan 26, 2011Brief of petitioner Microsoft Corporation filed.
Jan 31, 2011Brief amicus curiae of Professor Lee A. Hollaar filed.
Feb 1, 2011Brief amicus curiae of Synerx Pharma, LLC filed.
Feb 1, 2011Brief amici curiae of Electronic Frontier Foundation, et al. filed.
Feb 1, 2011Brief amicus curiae of Public Patent Foundation filed.
Feb 1, 2011Brief amicus curiae of Internet Retailers filed.
Feb 2, 2011Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
Feb 2, 2011Brief amicus curiae of EMC Corporation filed.
Feb 2, 2011Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Feb 2, 2011Brief amicus curiae of Bar Association of the District of Columbia Patent, Trademark & Copyright Section in support of neither party filed.
Feb 2, 2011Brief amicus curiae of Apotex, Inc. filed.
Feb 2, 2011Brief amicus curiae of International Business Machines Corporation in support of neither party filed.
Feb 2, 2011Brief amicus curiae of CTIA - The Wireless Association filed.
Feb 2, 2011Brief amicus curiae of Business Software Alliance filed.
Feb 2, 2011Brief amicus curiae of Federation Internationale Des Conseils en Propriete Industrielle in support of neither party filed.
Feb 2, 2011Brief amicus curiae of Hercules Open-Source Project filed.
Feb 2, 2011Brief amici curiae of Apple Inc. and Intel Corporation filed.
Feb 2, 2011Brief amici curiae of Google Inc., et al. filed.
Feb 2, 2011Brief amici curiae of SAP America, Inc., et al. filed.
Feb 2, 2011Brief amicus curiae of Computer & Communications Industry Association filed.
Feb 2, 2011Brief amicus curiae of Teva Pharmaceuticals USA, Inc. filed.
Feb 2, 2011Brief amici curiae of Cisco Systems, Inc., et al. filed.
Feb 2, 2011Brief amici curiae of 37 Law, Business, and Economics Professors filed.
Feb 2, 2011Brief amici curiae of Timex Group USA, Inc., et al. filed.
Feb 2, 2011Brief amicus curiae of Roberta J. Morris, Esq., Ph.D. in support of neither party filed.
Feb 2, 2011Brief amicus curiae of William Mitchell College of Law Intellectual Property Institute filed.
Feb 7, 2011SET FOR ARGUMENT ON Monday, April 18, 2011
Feb 15, 2011CIRCULATED.
Mar 11, 2011Brief of respondents i4i Limited Partnership, et al. filed. (Distributed)
Mar 16, 2011Brief amicus curiae of elcommerce.com.inc. filed. (Distributed)
Mar 17, 2011Brief amicus curiae of AmiCOUR IP Group, LLC filed. (Distributed)
Mar 17, 2011Brief amicus curiae of Triantafyllos Tafas, Phd filed. (Distributed)
Mar 17, 2011Brief amici curiae of Genetech, Inc., et al. filed. (Distributed)
Mar 17, 2011Brief amicus curiae of Eagle Harbor Holdings, LLC filed. (Distributed)
Mar 17, 2011Brief amici curiae of Seven Retired Naval Officers filed. (Distributed)
Mar 18, 2011Brief amicus curiae of the United States filed. (Distributed)
Mar 18, 2011Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 18, 2011Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed).
Mar 18, 2011Brief amicus curiae of Boston Patent Law Association filed. (Distributed)
Mar 18, 2011Brief amicus curiae of IP Advocate filed. (Distributed)
Mar 18, 2011Brief amicus curiae of Project Fastlane, Inc. filed. (Distributed)
Mar 18, 2011Brief amicus curiae of San Diego Intellectual Property Law Association and Connect filed. (Distributed)
Mar 18, 2011Brief amicus curiae of Dr. Ron D. Katznelson filed. (Distributed)
Mar 18, 2011Brief amici curiae of An Association of Practicing Entities filed. (Distributed)
Mar 18, 2011Brief amici curiae of University Patent Owners and Licensees filed. (Distributed)
Mar 18, 2011Brief amici curiae of Tessera, Inc., et al. filed. (Distributed)
Mar 18, 2011Brief amici curiae of Venture Capital Firms Aberdare Ventures, et al. filed.
Mar 18, 2011Brief amicus curiae of Bayer AG filed. (Distributed)
Mar 18, 2011Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed)
Mar 18, 2011Brief amicus curiae of Unity Semiconductor Corporation filed. (Distributed)
Mar 18, 2011Brief amici curiae of Biotechnology Industry Organization, et al. filed. (Distributed)
Mar 18, 2011Brief amici curiae of 3M Company, et al. filed. (Distributed)
Mar 18, 2011Brief amici curiae of Intellectual Ventures Management, et al. filed. (Distributed)
Mar 18, 2011Brief amici curiae of Former USPTO Commissioners and Directors filed. (Distributed)
Mar 18, 2011Record received from U.S.C.A. for Federal Circuit. (1 box)
Mar 30, 2011Record received from U.S.D.Court for Eastern District of Texas. (5 boxes) This record contains portions of the record that are sealed.
Apr 4, 2011Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. The Chief Justice took no part in the consideration or decision of this motion.
Apr 7, 2011Reply of petitioner Microsoft Corporation filed. (Distributed)
Apr 18, 2011Argued. For petitioner: Thomas G. Hungar, Washington, D. C. For respondents: Seth P. Waxman, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 9, 2011Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Scalia, Kennedy, Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Breyer, J., filed a concurring opinion, in which Scalia and Alito, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Roberts, C. J., took no part in the consideration or decision of the case.
Jul 11, 2011JUDGMENT ISSUED.
Aug 2, 2011Record retruned to U.S.C.A. for Federal Circuit.
Aug 2, 2011Record returned to U.S.D.C. for the Eastern District of Texas.
Recommended Citation: Microsoft v. i4i Limited Partnership, SCOTUSblog, https://www.scotusblog.com/cases/microsoft-v-i4i-limited-partnership/