Earlier today the United States Supreme Court granted certiorari in Microsoft Corporation v. i4i Limited Partnership, with Chief Justice John Roberts taking no part in the decision or petition. This comes only days after the United States Patent and Trademark Office refused to grant reexamination of the patent in question. Given Microsoft doesn’t even have strong enough prior art to provoke a reexamination by the USPTO it seems absurd to think they could have been victorious even if the district court reviewed the patent claims de novo and without any presumption.
Earlier this week i4i Limited Partnership announced that the United States Patent and Trademark Office confirmed the patentability of all claims of the U.S. Patent 5,787,449. The ‘449 patent was being reexamined by the USPTO at the request of Microsoft after the Redmond giant lost close to $300 million as a result of infringement of the i4i patent. Microsoft was also ordered to stop selling Word or remove certain XML functionality. MS had put a lot of hope in reexamination, and now their options are running out. They are apparently contemplating an appeal to the US Supreme Court.
Earlier today, the Federal Circuit issued its decision giving i4i an early Christmas present and delivered a big fat lump of coal to Microsoft. The Federal Circuit has upheld Judge Davis’ decision with one small exception. The Federal Circuit found the 60 day period in which the injunction was to become effective too short, instead preferring to give Microsoft 5 months to comply with the permanent injunction, which means that the permanent injunction will go into effect on January 11, 2010.
Dmitry Brant, a DC patent attorney at a top patent law firm, recently launched a new software product aimed at the patent market named Patent ClaimMaster. Patent ClaimMaster is a Microsoft Word plugin that helps you improve the quality of your patent documents while reducing costs. With Patent ClaimMaster you can turn cumbersome and time consuming tasks into simple tasks…
The plot thickens as the United States Court of Appeals for the Federal Circuit issued an Order earlier today granting Microsoft an expedited appeal of its patent infringement loss to i4i Limited Partnership. In addition to losing approximately $300 million in a decision handed down on Tuesday, August 11, 2009, Judge Leonard Davis of the United States District Court for…