Microsoft Appeals Against Word Injunction

Microsoft Corp. has filed a formal petition against the patent infringement verdict with a federal appeals court, putting forth its argument that the verdict would stop the company from selling its hugely popular Word processing software starting from the next month.

Back in May, a jury ordered the software giant to pay $200 million in damages for violating a patent secured by Canada’s I4i. This month, a federal judge further increased the financial penalty, and even issued an injunction blocking sales of Word software that incorporate the custom XML code found to breach the I4i’s patent.

In its formal petition, Microsoft presented a number of arguments for overturning the patent infringement ruling, claiming that the judge committed handful of procedural mistakes and failed to deliver as a “gatekeeper”.

Citing the same, the company maintained: “As gatekeeper, the judge must define the metes and bounds of a patent through claim construction and then ensure that the evidence presented by the parties' numerous experts is both reliable and rooted in the facts of the case at hand”.

Microsoft claimed that the US District Court erred in interpreting and applying the law in this case, and that it is now looking forward to the September 23 hearing before the US Courts of Appeals.

Our Comments

Microsoft could lose a crucial element of its profitability if it loses this appeal. The costs of having Word pulled out of Office could be in the billions, something the company cannot afford right now as it prepares for an almighty battle against Google, Apple and Sony.

Related Links

Microsoft files appeal in Word injunction case


UPDATE: Microsoft Appeals 'Word' Patent-Injunction Case

(The Wall Street Journal)

Microsoft rails against Word injunction: ‘This is not justice’

(Biz Journals)

Microsoft in Word appeal: 'This is not justice'

(Seattle Pi)

Microsoft files opening brief in appeal against decision favouring i4i

(The Canadian Press)