Transcript of the Oral Argument in Microsoft Corporation v. i4i Limited Partnership, p. 34 f.
"JUSTICE BREYER: All those first principles [justifying a rule that a presumption of validity should apply when the prior art was not considered by the USPTO, SV] are along the lines of how important patents are and what a disaster is it is to the person once they're invalidated. Okay. I think the other side will say: In today's world, where nobody really understands this technology very well, a worse disaster for the country is to have protection given to things that don't deserve it because they act as a block on trade, they act as monopolies, and they will tie the country up in individual monopolies that will raise prices to consumers, et cetera. You can imagine my spelling out
cut for the patentee or cut for the challenger to the patent."
"JUSTICE BREYER: All those first principles [justifying a rule that a presumption of validity should apply when the prior art was not considered by the USPTO, SV] are along the lines of how important patents are and what a disaster is it is to the person once they're invalidated. Okay. I think the other side will say: In today's world, where nobody really understands this technology very well, a worse disaster for the country is to have protection given to things that don't deserve it because they act as a block on trade, they act as monopolies, and they will tie the country up in individual monopolies that will raise prices to consumers, et cetera. You can imagine my spelling out
this argument(....)So I can't work out in my
own mind whether in today's world these first principlescut for the patentee or cut for the challenger to the patent."
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