Government backs Canadian firm in patent lawsuit against Microsoft

“This case can be summed up in one world — balance. The current approach taken by the Court of Appeals improperly tilts the scales to reward invalid patents," Howard said.

"That approach needs to be corrected in favor of a system that ensures the process for obtaining and defending patents is clear, reasonable and doesn’t unduly burden the system or innovation."

The briefs argue a court ruling for Microsoft could cause wide-ranging harm to the patent system by devaluing all patents, therefore reducing the incentive to innovate. They also suggest that venture capitalists may be more reluctant to invest in start-ups if their patents can be invalidated by a jury.

"The amicus briefs underscore the importance of the case and the extremely damaging consequences if the law is changed and there is a ruling to overturn the lower court's correct decision in favour of new law changes which Microsoft proposes," Owen said.

The Supreme Court is expected to hear oral arguments in the case on April 18, with a decision expected by the end of June.