Microsoft loses its XML appeal - payday for i4i

Stephen Withers
Wednesday, 23 December 2009 02:02

IT Industry - Strategy

In particular, the court rejected Microsoft's claims that the i4i patent required the storage of content and the associated metacode map in separate files, that the invention was obvious, that the jury was incorrectly instructed, and that the damages were excessive.

The appeal court found that the damages were "high" but "supported by the evidence presented at trial", and that the district court did not abuse its discretion by enhancing damages.

About the only thing that went Microsoft's way was an extension of the injunction's effective date from five months rather than 60 days, on the grounds that the only evidence presented about how long it would take Microsoft to comply with the injunction specified a timeframe of at least five months.

"With respect to Microsoft Word 2007 and Microsoft Office 2007, we have been preparing for this possibility since the District Court issued its injunction in August 2009 and have put the wheels in motion to remove this little-used feature from these products," said Microsoft's director of public affairs Kevin Kutz.

"Therefore, we expect to have copies of Microsoft Word 2007 and Office 2007, with this feature removed, available for US sale and distribution by the injunction date [January 11, 2010]. In addition, the beta versions of Microsoft Word 2010 and Microsoft Office 2010, which are available now for downloading, do not contain the technology covered by the injunction," he added.

Kutz also stated that Microsoft is considering legal options including requests for rehearing by the full bench of the Federal Circuit Court of Appeals or for the case to be heard by the US Supreme Court.

i4i founder Michel Vulpe has reportedly said his company was pleased with the ruling.