ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Legal News Blogs -> Law Blog - WSJ.com

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Legal News

: Law Blog - WSJ.com

Ban on Microsoft Word, $290M Fine to Hold, Fed. Cir. Rules

By Ashby Jones

ADVERTISEMENTS
Technology Davids have reason to feel buoyed on Wednesday, as one of their own has landed a blow against Microsoft, for decades an undisputed software Goliath.
Associated Press
The Federal Circuit on Tuesday affirmed a $290 million patent-infringement judgment against Microsoft. The panel will also bar the Softies from selling current versions of Word, its nearly ubiquitous word-processing program. (But fear not, Word lovers. Microsoft said it has been preparing modified versions of the affected programs that should be ready when the injunction goes into effect on Jan. 11, allowing sales to continue without interruption. It also doesn’t affect already-sold copies of Word. Click here for the WSJ story on the ruling, by reporters Brent Kendall and Don Clark. [Link: http://online.wsj.com/article/SB10001424052748703478704574612111394850426.html]] Click here, here and here for earlier LB posts on the case. [Links: http://blogs.wsj.com/law/2009/08/27/wham-presenting-round-2-in-the-microsofti4i-smackdown/ and http://blogs.wsj.com/law/2009/08/18/the-days-theme-judge-slams-lawyer-over-courtroom-remarks/ and http://blogs.wsj.com/law/2009/08/12/microsoft-word-less/
After the jury verdict, rendered in favor of i4i Inc., a Toronto-based technology company, Texas federal judge Leonard Davis issued a permanent injunction that barred Microsoft from selling Word 2003 and Word 2007, versions of the product that use a technology called “Custom XML” that is used to classify documents for retrieval by computers. Judge Davis also ordered Microsoft to pay more than $290 million in penalties.
Earlier, Judge Davis hit Microsoft with a $40 million fine, based partly on the conduct of Microsoft's lawyer, Weil Gotshal's Matt Powers.
As Kendall and Clark astutely point out the nuances of the debate on injunctions in infringement actions:
A landmark Supreme Court ruling in 2006, in a case involving eBay Inc., reversed precedents that had virtually guaranteed patent holders could receive injunctions.

I4i’s case for an injunction, however, was bolstered by the fact that it sells software products based on its patent, unlike some patent holders who don’t practice their inventions and instead use them to seek licensing fees from others.
Kevin Kutz, a Microsoft spokesman, said Tuesday that it had been preparing for the ruling, and had “put the wheels in motion” to remove what it called the little-used Custom XML feature from Word 2007 and Office 2007, the current suite of products that includes Office.
Meanwhile, the company is considering its legal options, including the possibility of asking the U.S. Supreme Court to review the ruling, he said.
I4i’s chairman, Loudon Owen, said in a statement that the company “couldn’t be more pleased” with the ruling. “This is both a vindication for i4i and a war cry for talented inventors whose patents are infringed,” he said.

Technology Davids have reason to feel buoyed on Wednesday, as one of their own has landed a blow against Microsoft, for decades an undisputed software Goliath.

The Federal Circuit on Tuesday affirmed a $290 million patent-infringement judgment against Microsoft. The panel will also bar the Softies from selling current versions of Word, its nearly ubiquitous word-processing program. (But fear not, Word lovers. Microsoft said it has been preparing modified versions of the affected programs that should be ready when the injunction goes into effect on Jan. 11, allowing sales to continue without interruption. It also doesn’t affect already-sold copies of Word. Click here for the WSJ story on the ruling, by reporters Brent Kendall and Don Clark. Click here, here and here for earlier LB posts on the case.

After the jury verdict, rendered in favor of i4i Inc., a Toronto-based technology company, Texas federal judge Leonard Davis issued a permanent injunction that barred Microsoft from selling Word 2003 and Word 2007, versions of the product that use a technology called “Custom XML” that is used to classify documents for retrieval by computers. Judge Davis also ordered Microsoft to pay more than $290 million in penalties.

Earlier, Judge Davis hit Microsoft with a $40 million fine, based partly on the conduct of Microsoft's lawyer, Weil Gotshal's Matt Powers.

As Kendall and Clark astutely point out the nuances of the debate on injunctions in infringement actions:

A landmark Supreme Court ruling in 2006, in a case involving eBay Inc., reversed precedents that had virtually guaranteed patent holders could receive injunctions.

I4i’s case for an injunction, however, was bolstered by the fact that it sells software products based on its patent, unlike some patent holders who don’t practice their inventions and instead use them to seek licensing fees from others.

Kevin Kutz, a Microsoft spokesman, said Tuesday that it had been preparing for the ruling, and had “put the wheels in motion” to remove what it called the little-used Custom XML feature from Word 2007 and Office 2007, the current suite of products that includes Office.

Meanwhile, the company is considering its legal options, including the possibility of asking the U.S. Supreme Court to review the ruling, he said.

I4i’s chairman, Loudon Owen, said in a statement that the company “couldn’t be more pleased” with the ruling. “This is both a vindication for i4i and a war cry for talented inventors whose patents are infringed,” he said.


Full post as published by Law Blog - WSJ.com on December 23, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.002 secs (from cache 11/03/26 06:58:14)