Microsoft loses Word appeal but may still carry on fighting

Microsoft has lost a patent infringement appeal leaving it with a large damages bill and injunction to stop selling certain versions of word. However, the software giant hasn’t given up the battle yet.

Court case

Microsoft has failed in its court appeal against an order that would force it to stop selling Word, but it may still carry on fighting the case.

Back in August the US District Court for the Eastern District of Texas ruled that Microsoft had willingly infringed a patent owned by technology company i4i relating to XML documents.

The software giant was given 60 days to stop selling Word in its current form this didn't affect editions before the injunction including Word 2003 and certain versions of Word 2007 but it decided to appeal the case.

The loss of the appeal means Microsoft now needs to pay out damages of $290 million to i4i as well as stopping its sales of one its flagship software products.

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Loudon Owen, chairman of i4i, said in a statement: "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."

"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," he added.

"Congratulations to our entire team who provided such dynamic leadership, courage and tenacity!"

Kevin Kutz, director of Public Affairs for Microsoft, released a statement saying the company was well prepared since the initial injunction to put the order into place.

However, the battle is still not over according to Kutz. He concluded the statement warning that the company may still try for another hearing to clear the injunction.

"While we are moving quickly to address the injunction issue, we are also considering our legal options, which could include a request for a rehearing by the Federal Circuit Court of Appeals en banc or a request for a writ of certiorari from the US Supreme Court," he added.

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