San Francisco, Calif. i4i has challenged Microsoft’s claims over a disputed custom XML patent by filing a responding brief in the United States Court of Appeals for the Federal Circuit. As TG Daily previously reported, the court recently accepted Microsoft’s request to postpone a controversial injunction that would have barred sales of its popular Word application.
“i4i’s brief refutes each and every one of the same weak defenses Microsoft repackaged from the trial and raised on appeal,” explained i4i Chariman Loudon Owen. “i4i is confident we will prevail on appeal. We believe the final judgment in favor of i4i, which included a finding of willful patent infringement by Microsoft and an injunction against Microsoft Word, was the correct decision.”
Owen’s legal team expressed similar sentiments in i4i’s responding brief.
“Microsoft’s appeal labors to turn the jury’s factual findings into legal issues, all the time ignoring that it waived several arguments. Microsoft further challenges the jury instructions on contributory infringement and makes only weak objections to i4i’s proof regarding Microsoft’s intent,” stated the appeal.
“The court, however, instructed the jury consistently with this Court’s case law, and any inconsistency with the statute amounts to nothing more than harmless error. If the Court modifies the district court’s claim construction in a way that would affect the jury’s verdict, the Court should remand for a new trial.”
The appeal for i4i v. Microsoft is scheduled to be heard by the United States Federal Circuit Court of Appeals in Washington D.C. on September 23, 2009.
See also
Microsoft wins temporary stay of Word injunction
HP and Dell launch legal blitzkrieg against i4i
i4i pledges to ‘vigorously enforce’ XML patent as Microsoft appeals injunction
Microsoft appeals in XML patent row
i4i ‘not interested’ in bringing Microsoft to its knees
