Microsoft has filed its notice of appeal in
i4i v. Microsoft. And it and i4i have agreed on some terms. We find out from a Declaration of Albert Damon, attached to the stipulation, that Microsoft says it "has the financial wherewithal to satisfy the Judgment" and it will pay it within fifteen days "of all appeal and remand proceedings (including any proceedings before the Supreme Court of the United States), or within 15 (fifteen) days of the expiration of the times fr initiating such proceedings".
So, in return for Microsoft's verification of this promise and capacity, i4i agrees Microsoft doesn't have to post bond pending the appeal. It agrees that Microsoft can let it know periodically if anything changes that would compromise its ability to pay.
So, the mystery about the waiver of the bond is solved. And as we all know, Microsoft's word is its bond. The Register has the "nonconfidential" version of Microsoft's
Emergency Motion to Stay Permanent Injunction Pending Appeal [PDF]. Microsoft's main arguments are that Microsoft will likely win on appeal, that it and its distributors will suffer "irreparable harm" unless there is a stay on the injunction, that there is no irreparable harm to i4i, and that "public interest favors a stay." It seems the sky is falling, or it will fall, if patent law, in particular the injunction, is applied to Microsoft fully and this exact minute. Well, in 60 days.
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