A possible game changer for invalidating bad software patents

“A case now before the Supreme Court could lower the threat
level created by bad patents in a meaningful way. The issue before
the Court is whether to change the burden of proof on patent
invalidity from clear-and-convincing evidence to the preponderance
standard. This change would be good for free and open source
software.

“Today Red Hat joined in an amicus brief in support of this
change in Microsoft Corp. v. i4i Limited Partnership. [PDF] On the
amicus brief, Red Hat is part of a diverse group that includes
Google, Verizon, Consumber Electronics Association, Comcast, Dell,
Hewlett-Packard, HTC, Intuit, L-3 Communications, LinkedIn,
Lockheed Martin, Mastercard, The New York Times, Rackspace,
Shutterfly, Software & Information Industry Association, Time
Warner, Wal-Mart, and Zynga.

“When companies with such different models, philosophies, and
experiences can get together, it suggests that a lot of people
recognize that there’s a serious problem that must be
addressed.”

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