Federal Court Grants Microsoft Expedited Appeal

patentpundit writes "On Friday, August 21, 2009, the United States Court of Appeals for the Federal Circuit granted Microsoft an expedited appeal of its patent infringement loss to i4i Limited Partnership. On August 11, 2009, Microsoft lost a $300 million judgment for infringing the XML patents of i4i by selling Word. Microsoft was given 60 days to stop selling Word, or implement work arounds that did not utilize the infringed technology. Microsoft filed an emergency appeal with the Federal Circuit, and requested a stay of the permanent injunction that will force them to stop selling work 60 days from August 11, 2009. The Federal Circuit granted an expedited oral argument, which will take place on September 23, 2009. Microsoft requested an administrative stay of the permanent injunction, which was denied, and then filed a petition to stay the injunction pending appeal. i4i has until August 25, 2009, to respond to Microsoft's request to stay the injunction pending appeal."

Comments

Re:cynical

[je ne sais quoi]

They have been accused of patent-infringement.

First, they have been found GUILTY of willful patent infringement, not just accused. Second, if you would actually take the time to read about what MS did instead of giving a knee-jerk reaction "Ooh patents are bad!" and comprehend it, you'll see that MS approached i4i about working together on national security issues and then STOLE THEIR CODE.

Muddying the differences between patents, copyright, and trademark is part of the reason why debates about "intellectual property" is often confused.

The only person muddying the waters here is you, because you are trying to paint MS' actions in a decent light, when they are clearly, clearly in the wrong. I can only think that i4i went to court under patent law instead of copyright infringement because they thought it was a more open and shut case. That or, the MS Office programmers were smart enough to cover their tracks and that copyright infringement wasn't possible to prove unequivocally.