When Microsoft lost two nine-figure jury verdicts this spring, The Am Law Litigation Daily heard from a fair number of lawyers who doubted the software giant would ever have to pay up. After all, judges and appeals courts have typically looked kindly on Microsoft when juries haven’t. But those two verdicts — a $388 million win for Uniloc in April and a $200 million win for Toronto-based i4i in May — haven’t been knocked out yet, and it’s not for lack of trying by Microsoft and its lawyers.
On Tuesday, in a resounding repudiation of Microsoft’s arguments, federal district court Judge Leonard Davis of Tyler, Texas, rejected Microsoft’s request to throw out i4i’s jury win (pdf). And to add insult to injury, he tacked on another $90 million to the jury verdict — adding about $40 million as punishment for Microsoft’s willful infringement of i4i’s patent on electronic document processing and about $37 million in post-trial interest. Davis also issued an injunction banning Microsoft from selling products that violate i4i’s patent, including some versions of Microsoft Word. The injunction prevents Microsoft from selling Word products that have the capability of opening an XML file containing custom XML. (See Bloomberg’s story for more on the ruling.)
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