Andre Yoskowitz
14 Mar 2010 3:17
The U.S. Federal Court of Appeals has upheld the jury verdict against Microsoft in its patent case with small company i4i, over the customizable XML used in Microsoft's extremely popular Word processor.
With the ruling upheld, Microsoft must pay i4i $240 million USD, as well as continue to sell Word 2003 and 2007 stripped of certain custom XML features.
"A reasonable jury could have concluded that Microsoft 'willfully' infringed the '449 patent based on the evidence presented at trial," wrote the judges in the new ruling. "Similarly, there is no evidence Microsoft ever made a good faith effort to avoid infringement; internal emails show Microsoft intended to render i4i's product 'obsolete' and assure 'there won't be a need for [i4i's] product.'"
Evidence presented at the trial showed that Microsoft employees had been part of i4i demos and received sales kits that clearly identified the software as patented technology.
Of the decision, adds Loudon Owen, chairman of i4i: "From our perspective, there are only so many more avenues for appeal for them. It also resulted in an even more detailed and structured decision in our interest."