In 2011, the U.S. Supreme Court will review the decision of the U.S. Court of Appeals for the Federal Circuit in Microsoft Corp. v. i4i L.P., 589 F.3d 1246 (Fed. Cir. 2009), withdrawn and revised at 598 F.3d 831 (Fed. Cir. 2010), which affirmed a $290 million damages award against Microsoft for patent infringement. If the Supreme Court overturns the Federal Circuit, the resulting change in the law could significantly strengthen the position of defendants in patent litigation.
In 2009, an Eastern District of Texas jury found Microsoft liable for $200 million for infringing a patent related to markup-language document editing. Judge Leonard Davis ruled the infringement willful, adding $40 million in enhanced damages. Interest and continuing damages have boosted this figure to more than $290 million.
