Microsoft has lost the appeal regarding Word in the
i4i patent case. Here's the
decision from the US Federal Circuit Court of Appeals [PDF]. And here's the
i4i's press release:
Today, in the United States Federal Circuit Court of Appeals, in Washington D.C., a panel of three judges returned their ruling on the appeal of i4i v. Microsoft and upheld jury's verdict and all the findings of the August 11, 2009 Final Judgment that ruled in favor of i4i and found that Microsoft had willfully infringed i4i's U.S. Patent # 5,787,449, issued in 1998.
Loudon Owen, Chairman of i4i, says, "We couldn't be more pleased with the ruling from the appeals court which upheld the lower court's decision in its entirety. This is both a vindication for i4i and a war cry for talented inventors whose patents are infringed." Mr. Owen adds, "The same guts and integrity that are needed to invent and go against the herd, are at the heart of success in patent litigation against a behemoth like Microsoft. Congratulations to our entire team who provided such dynamic leadership, courage and tenacity!"
Michel Vulpe, founder and co-inventor of i4i, says, "This ruling is clear and convincing evidence that our case was just and right, and that Microsoft wilfully infringed our patent." Mr. Vulpe adds, "i4i is especially pleased with the court's decision to uphold the injunction, an important step in protecting the property rights of small inventors. We will continue to fully and vigorously enforce our rights and we invite all potential customers interested in custom xml to contact us."
Microsoft, of course, will comply and will
change its code in Word going forward, by the new January 11, 2010 deadline, but it is not yet out of legal options. *Now* might Microsoft like to ask the US Supreme Court deciding the
Bilski case to cut back on the scope of software patents?
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