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Thursday, June 09, 2011

i4i wins patent infringement case against Microsoft

i4i wins patent infringement case against Microsoft

Supreme Court decision released today


TORONTO, June 9, 2011 /PRNewswire/ - In Washington DC today, the Supreme Court
of the United States has ruled unanimously in favor of i4i in the
long running i4i v Microsoft patent infringement lawsuit. The Supreme
Court did not accept Microsoft's request 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. As a
result of this decision, i4i has won its patent infringement case
against Microsoft. At trial the jury ruled in favor of i4i and awarded
$200 million in damages (now upwards of $300 million with enhancements
and interest). The Honorable Judge Leonard Davis entered judgment on
the verdict and issued a permanent injunction against Microsoft.

Loudon Owen, Chairman of i4i, says, "Microsoft tried to gut the value of
patents by introducing a lower standard for invalidating patents. It is
now 100% clear that you can only invalidate a patent based on "clear
and convincing" evidence." Owen adds, "This is one of the most
significant business cases the Court has decided in decades.
Affirmation of the Federal Circuit on a ruling in favor of patent
holders is virtually unprecedented. While this ruling maintains the
prevailing standard, the innovation community must be ever vigilant to
defend its property rights."

Michel Vulpe, founder of i4i and co inventor, says, "This has been a
16 year journey with a clearly defined purpose - to build a world
leader in managing data. It is an important stepping stone for i4i and
we can now continue to build our company the way we intended." Vulpe
adds, "Our army was small but mighty and we are grateful to our team,
partners, investors, legal counsel, those who filed amici briefs, and
everyone supporting the rights of patent holders. Naturally, we are
particularly appreciative of our shareholders who continue to support
us." i4i's legal team includes WilmerHale, McKool Smith, Finnegan
Henderson, and Sterne Kessler.

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 ordered Microsoft to pay damages to i4i. On
August 11, 2009, the Honorable Judge 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 postverdict 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 was
heard by the eight Associate Justices of the Supreme Court of the
United States on April 18, 2011.

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.


SOURCE i4i

i4i

CONTACT: Loudon Owen - lowen@mcleanwatson.com or 416 307 3271
Melony Jamieson - melony@getitdone.ca or 416 518 6355


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