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Edition: U.S. Article Comments (0) Slideshow Follow Reuters Facebook Twitter RSS YouTube Read Girl survives fall from Golden Gate Bridge 1:38pm EDT Obama to Republicans: 'You think we're stupid?' 11:20am EDT Tax filing scramble amid reports rich pay less 1:34pm EDT S&P threatens to cut U.S. credit rating on deficit 4:25pm EDT Mutai runs fastest marathon ever at Boston 3:31pm EDT Discussed 85 Palin returns with feisty, anti-establishment speech 83 Obama to lay out deficit plan with focus on tax, spending 74 UPDATE 1-Geithner says Congress will pass debt limit increase Watched Cupless bra combats cleavage crinkle Fri, Apr 15 2011 South Korean "super gun" packs hi-tech killing power Mon, Feb 14 2011 Deadly tornadoes pound southern U.S. Sun, Apr 17 2011 Top court hears Microsoft appeal on i4i patent Tweet Share this By James Vicini WASHINGTON (Reuters) - Microsoft Corp urged the U.S. Supreme Court on Monday to make it easier to challenge some patents as part of its appeal of a record $290 million jury verdict for infringing a small Canadian software firm's... Email Print Related News Supreme Court takes no action on Obama healthcare case 10:39am EDT UPDATE 3-Alabama county can proceed with JPMorgan suit Fri, Apr 15 2011 Court unlikely to hear Obama healthcare law now Fri, Apr 15 2011 Barry Bonds convicted of obstructing justice Thu, Apr 14 2011 U.S. shuts down massive cyber theft ring Wed, Apr 13 2011 Analysis & Opinion Belgium urges Vatican to impose harsh punishment on sex abuse bishop The fortunes of Twitter Related Topics Technology » Hot Stocks » Asian Markets » Small Business » Stocks 1 / 2 A worker prepares the logo on the Microsoft stand on the CeBIT computer fair in Hanover February 26, 2011. Credit: Reuters/Tobias Schwarz By James Vicini WASHINGTON | Mon Apr 18, 2011 3:41pm EDT WASHINGTON (Reuters) - Microsoft Corp urged the U.S. Supreme Court on Monday to make it easier to challenge some patents as part of its appeal of a record $290 million jury verdict for infringing a small Canadian software firm's patent. An attorney for the world's largest software company argued that the court should reject the long-held requirement that a defendant in a patent infringement case must prove by clear and convincing evidence that a plaintiff's patent is invalid. Thomas Hungar, an attorney for Redmond, Washington-based Microsoft, said a lower standard should be used, which could make some patents more vulnerable to legal challenge while promoting innovation and competition. An Obama administration lawyer and Seth Waxman, an attorney for the Toronto-based i4i, said Congress has accepted the standard in effect for at least the past 28 years, that it was correct and that it was based on long-settled precedent. The Supreme Court justices questioned all three attorneys closely and gave no clear indication during arguments of how they would rule. A decision is expected by the end of June. The legal battle stemmed from a federal jury's award of $290 million to i4i after finding Microsoft had infringed its patent relating to text manipulation software in 2003 and 2007 versions of Word, Microsoft's word processing application. A U.S. appeals court upheld the award and the U.S. Patent and Trademark Office upheld the validity of the i4i patent. Microsoft continued to dispute those decisions, but removed the contested features from its current software. In appealing to the Supreme Court, Microsoft said it wanted a new trial. After the arguments, Loudon Owen, i4i's chairman, expressed confidence his company will prevail. "We thought it went very well," he said. "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 said. Several justices asked about a Supreme Court precedent from 1934 that could cast doubt on Microsoft's argument. "What do we do?" Justice Elena Kagan asked. "One answer to that question is we go with our prior precedent." Justice Ruth Bader Ginsburg also cited the 1934 ruling and asked whether Congress had ever introduced legislation to change the standard. Hungar replied it had not. Justice Stephen Breyer asked whether the current system protected not only inventions that deserve protection, but also those that may not deserve it. "We're trying to get a better tool if possible to separate the sheep from the goats," he said. Justice Sonia Sotomayor asked whether the dispute could have been resolved with different jury instructions. The case was heard by eight of the nine Supreme Court members. Chief Justice John Roberts, who owns Microsoft stock, recused himself from the case. If the justices split by a 4-4 vote, then the ruling against Microsoft would be upheld. The Supreme Court case is Microsoft Corp v. i4i Limited Partnership and Infrastructures for Information Inc, No. 10-290. (Additional reporting by Bill Rigby in Seattle; Editing by Tim Dobbyn) Technology Hot Stocks Asian Markets Small Business Tweet this Share this Link this Digg this Email Reprints We welcome comments that advance the story directly or with relevant tangential information. We try to block comments that use offensive language, all capital letters or appear to be spam, and we review comments frequently to ensure they meet our standards. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. Comments (0) Be the first to comment on reuters.com. Add yours using the box above. 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