In 1994, Michel Vulpe and Stephen Owens filed for a patent for methods for using regular word processors as XML /SGML editors.
The system, for use by computer software developers, removes dependency on document encoding technology.
In 2007, Microsoft filed an ex-parte re-examination request with the USPTO citing prior art as invalidating the 5,787,449 patent.
[3] The court awarded over $240 million in damages and granted the first ever injunction against the infringing product, Microsoft Word.
Microsoft subsequently filed a petition for a writ of certiorari with the United States Supreme Court asking it to hear the case.
The question presented is: Whether the court of appeals erred in holding that Microsoft's invalidity defense must be proved by clear and convincing evidence."