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McKool Smith Helps i4i Win $290 Million Supreme Court Ruling

June 9, 2011

WASHINGTON, D.C. – The U.S. Supreme Court today ruled in favor of McKool Smith clients i4i Limited Partnership and i4i Inc. in a closely watched appeal of an earlier $290 million patent infringement judgment against software giant Microsoft Corp. (NASDAQ: MSFT).

The unanimous Supreme Court ruling issued June 9, 2011, affirms a $290 million judgment won by McKool Smith on behalf of i4i in May 2009 in the U.S. District Court for the Eastern District of Texas, Tyler Division.

McKool Smith principal Douglas A. Cawley worked as lead trial counsel for i4i. He says today’s ruling is an important victory for patent holders everywhere.

"We are very pleased that the High Court agreed with our position that Congress intended a heightened standard of evidence to invalidate a patent," said Mr. Cawley. "Today's ruling, which enforces the Federal Circuit’s historical reliance on ‘clear and convincing evidence,’ will have a sweeping impact on how patents are protected."

During the trial, attorneys from McKool Smith and Tyler, Texas-based Parker, Bunt & Ainsworth successfully argued that Microsoft infringed the i4i patent issued in 1998, U.S. Patent No. 5,787,449, which covers software designed to manipulate “document architecture and content.”

In addition to Mr. Cawley, the McKool Smith team representing i4i included firm principals Gordon White, Kevin Burgess, John Campbell, Randy Carter, Tom Crisman, Rosemary Snider, and Joel Thollander, senior counsel Tom Fasone, of counsel Al Silva, and associates Sarah Anderson, Gretchen CurranCraig Donahue, Jennifer Henry and Jonathan Yim. Robert M. Parker from Parker, Bunt & Ainsworth also represented i4i as co-counsel.

With more than 130 litigators working across offices in New York, Washington, DC, and Texas, McKool Smith has established a reputation as one of America’s leading trial firms. The firm has been recognized by The National Law Journal and Verdict Search for winning more Top 100 Verdicts than any other U.S. law firm during the past three years. McKool Smith represents leading clients across a broad range of practice areas, including complex commercial litigation, intellectual property, bankruptcy, and white collar defense.