Microsoft willfully infringed i4i patent - Permanent injunction against Word - (i4i v Microsoft Case summary)

On August 11, 2009, in the United States District Court for the Eastern District of Texas, Tyler Division, the Honorable Leonard Davis issued a Final Judgment in i4i v. Microsoft Corporation. The Final Judgment included an award in excess of $290 million USD in favor of i4i and a Permanent Injunction against Defendant Microsoft selling its flagship Word product in the USA unless it removes custom XML which infringes i4i's U.S. Patent No. 5,787,449.

Subsequent to the Final Judgment, Microsoft filed an Emergency Motion that claimed it may have to stop selling not only Word but also its entire software suite of programs called Office in the USA until it could redesign its products to remove custom XML. It further stated that its distributors, which include retailers such as Best Buy and OEM's such as HP and Dell, face the imminent possibility of a massive disruption in their sales.

Each of Dell and HP also claimed a heavy burden if the injunction proceeded and filed amicus briefs with the Court of Appeals. The Court of Appeals granted a stay of the injunction pending appeal. In addition, the Court of Appeals scheduled the appeal to be heard in Washington D.C. on September 23, 2009. Loudon Owen, Chairman of i4i, says, "We firmly believe that the U. S.

District Court made the right decision on the merits of the case, and we are confident that i4i will prevail on the appeal by Defendant Microsoft. This is a vital case for inventors and entrepreneurial companies who, like i4i, are damaged by the willful infringement of their patents by competitors; particularly competitors as large and powerful as Microsoft."

Mr. Owen continues, "We do not have the gargantuan financial resources of Microsoft, but i4i has the protection of fairness under the U.S. justice system. Microsoft is not above the law. It cannot privately expropriate i4i's patented invention."

i4i is a global technology company headquartered in Toronto, Canada. i4i LP is a licensing entity, affiliated with i4i Inc., which owns patent No. 5,787,449 issued by the United States Patent Office in 1998.

SOURCE: McLean Watson; i4i

CONTACT: Loudon Owen

lowen(at)mcleanwatson.com or

(416) 307-3271;

Melony Jamieson

melony(at)getitdone.ca or

(416) 518-6355

--Distributed by AsiaNet ( www.asianetnews.net )--

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