i4i
Continued From Page 1
ment supporting i4i’s position.
The court had to consider the
meaning to be given to s. 282 of the
Patent Act of 1952, which states
that “[a] patent shall be presumed
valid,” and “[t]he burden of establishing invalidity of a patent or any
claim thereof shall rest on the party
asserting such invalidity.” The
court noted that, while the statute
specifies the burden of proof, it
does not contain an express articulation of the standard of proof.
In a unanimous decision, the
Supreme Court rejected Micro-
soft’s argument for the lower stan-
dard, asserting that the higher
legal standard had been accepted
by the courts for almost 30 years.
Writing for the court, Justice Sonya
Sotomayor explained that the 1952
Act codified the existing common
law presumption of validity of pat-
ents. The court also rejected
Microsoft’s alternative argument
that a lower standard should apply
in cases where the evidence at issue
was not before the Patent Office
during the examination process.
“The court did note that
new evidence could
‘carry more weight’
when such evidence
was not considered
previously by the
Patent Office.
In setting out its reasons, the
court also refused to consider
policy arguments made by both
sides and their supporters,
asserting instead that any “
recali-bration of the standard of proof”
is up to Congress to enact.
While the dispute started with a
claim for patent infringement, i4i
“could not have anticipated the
remarkable importance the case
took on,” said Loudon Owen,
Chairman of i4i. Noting that it has
resulted in “one of the most import-
ant business law cases in decades,”
Owen said the case is about “the
efficacy of the patent system in the
United States.”
“It was a shutout victory for
vindicating the existing patent
system,” according to Owen, who
added that the next step is a cal-
culation of the damages owed to
his company.
We want to hear from you!
Email us at: tlw@lexisnexis.ca
Banks
Continued From Page 5
firms the information you have
provided complies with the CDIC
by-law.”
Asking lawyers to provide the
names of clients in a pooled trust
account would immediately send
up red flags, said Pink. “In fact,
the issue came to our attention
through lawyers.”
While managing and
reporting on trust accounts
generally is a routine part of
business for many lawyers, it is
a major responsibility, Pink
noted. “It’s probably the most
significant ever-present regula-
tory piece that lawyers deal
with. It must be done to very
high standards.”
“There is no room,” he added,
“for either error or imbalance.” n
EXPERT WITNESS DIRECTORY
FORENSIC INVESTIGATORS
• Litigation Support
• Forensic &
Investigative
Accounting
• Fraud Investigations
• Fraud Prevention &
Detection
Look for a Certified Forensic
Investigator of Canada “CFI”
who has demonstrated
competency through
examination, experience and
education – and continually
maintains their proficiency.
For more information contact
the Associationof Certified
ForensicInvestigatorsofCanada
Alan M. Langley, Executive Director
(416) 226-3018 or
(877) 552-5585
INVESTIGATIVE EXPERTS
INVESTIGATIVE EXPERTS
Employment/Labour Law Matters
Specialists in “Forensic Investigations”
Crimes Investigated/
Uncovered:
• Theft of Trade Secrets /
Proprietary Information /
Sensitive Data
• Corporate Espionage
• Suspicious Activities
• Fraud / Kick Backs /
Embezzlement
• Suspect Contractor
Relationships /
Secret Commissions
• Expense Accounting Irregularities
• Misappropriation of
Corporate Assets
• Workplace Bullying & Harassment
• Libel & Slander
• Pornography
• Gambling
• Threats / Extortion / Harassment
• Termination / Wrongful
Dismissal Issues
FORENSIC INVESTIGATORS
“We follow the money”
With over 30 years
experience we provide
investigative services for:
n Fraud, misappropriation
and ponzi schemes
n Insolvency and
restructuring planning
n Money laundering
and suspicious financial
transactions
n Professional compliance,
negligence and financial
statement analysis
n Oppression remedies
n Litigation support and
expert reports
Howard M. Wasserman
Liberty Square, HSBC Tower
3601 Highway 7 East
Markham, ON L3R 0M3
direct tel: 905-948-8643
fax: 905-948-8638
FORENSIC ACCOUNTING FORENSIC ACCOUNTING
DAMAGES QUANTIFICATION,
BUSINESS VALUATION &
FORENSIC ACCOUNTING
Solutions
to difficult
problems
• Fraud investigation
• Forensic accounting
• Damage quantification
• Business valuations
• Computer forensics
• Family law matters
Meet our forensic accounting and
litigation support team leaders:
Nancy Rogers
CA•IFA, CBV, CIP
T (416) 369-7029
E Nancy.Rogers@ca.gt.com
David Malamed
CA•IFA, CPA (Illinois), CFF, CFI, CFE
T (416) 360-3382
E David.Malamed@ca.gt.com
Jennifer Fiddian-Green
CA•IFA, CMA, CFI, CFE, CAMS
T (416) 360-4957
E Jennifer.Fiddian-Green@ca.gt.com
www.Grant Thornton.ca
Audit • Tax • Advisory
© Grant Thornton LLP. A Canadian Member
of Grant Thornton International Ltd
To advertise please contact: JIM GRICE Tel: (905) 415-5807 jim.grice@lexisnexis.ca Fax: (905) 479-3758
This ad prepared by:
Client:
File name:
Grant Thornton - Sandra Naccarato
SOBU - Mishka Alarcon
…Ads\Ontario\2011\SOBU\Precedent
