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Androvett Blog

by Robert Tharp at 3:40:13 pm

Microsoft patent infringement case upheld, damages grow by $90 million

While the Seattle Post Intelligencer rates it as only the No. 7 biggest Microsoft-related news story of 2009, the stunning David vs. Goliath patent case involving i4i Inc.(represented by McKool Smith and Tyler, Texas-based Parker, Bunt & Ainsworth) is certainly one of the top IP stories of the year.

Writes the Seattle PI: Though the lawsuit was filed in 2007, the hubbub started in August when a judge slapped Microsoft with an injunction that said it could no longer sell Word. i4i Inc. had sued Microsoft for patent infringement, alleging the ubiquitous word-processor incorporated custom-XML technology owned by the small Canadian company. A Texas jury agreed that Microsoft was liable for willful infringement and awarded i4i $200 million in damages.
Microsoft, determined to prove i4i's patent invalid, was granted an appeal and a temporary stay on the injunction. In September, the companies fought over the case in a Washington, D.C., federal appeals court - Microsoft arguing that i4i was out for easy money, and i4i arguing that Microsoft killed its business model. Just days before Christmas, a three-judge panel upheld the Texas ruling, reinstating the injunction and imposing $290 million in damages after fees and interest. Microsoft has until Jan. 11 to strip the custom-XML editor from Word - or stop selling Word altogether.

Wow.