Microsoft submits opening brief in patent case

Jake Widman
Thursday, 27 August 2009 03:02

IT Industry - Development

In preparation for the upcoming hearing of its appeal in the i4i patent infringement case, Microsoft has submitted a sharply worded opening brief. The brief accuses the judge of abdicating crucial responsibilities and describes the proceedings as "a trial run amok."

The brief is the latest move in the patent infringement case that resulted in a court order that Microsoft stop selling Word 2003 and 2007 within 60 days, in addition to the assessment of extensive damages.

The order, issued earlier this month, followed a May jury trial in which Microsoft was found guilty of violating a patent surrounding the manipulation of custom XML. The patent is held by Canadian company i4i.

Microsoft asked for a quick appeal hearing, and one has been scheduled for September 23.

The company's 84-page opening brief (PDF download ) criticizes both the decision and the judge's handling of the trial.

In its preliminary statement, the brief discusses the role of a trial judge as "gatekeeper," responsible for the admissibility of evidence and validity of the verdict. Microsoft's lawyers describe the case as "a stark example of what can happen in a patent case when a judge abdicates those gatekeeping functions."

The brief's argument rests on five main assertions:

First, that the judge did not define the case properly. Microsoft argues that i4i's patent covers a way of manipulating an XML metacode map separately from the content it governs. "Because i4i’s own experts admitted that Word does not store a metacode map in a separate file from content, and does not allow for independent manipulation of a metacode map and mapped content," the brief states, "the jury’s infringement verdict should be reversed."

For more of Microsoft's arguments, see Page 2.