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US high court won't hear Microsoft, Alcatel case
Court Watch |
2010/05/25
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The U.S. Supreme Court declined to hear Microsoft Corp's appeal in a case that could have reshaped the standards used in court fights to determine if patents have been infringed. Lower courts had found that the date-picker tool in Microsoft's Outlook calendar infringed a patent held by French telecommunications equipment maker Alcatel-Lucent. The companies have an unresolved fight over damages. In its appeal, Microsoft argued that a patent could be held invalid if evidence is presented in a court case that was not available at the time the patent was granted. It also said that the standard for invalidating a patent should be a "preponderance" of evidence, rather than "clear and convincing" evidence.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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