Microsoft loses to i4i again

Just before Christmas I talked about Microsoft losing a patent lawsuit brought on by a small company called i4i.

On May 20, a federal jury in Tyler, Texas, found Microsoft guilty of violating the i4i patent, and order Microsoft to pay i4i $200 million. Microsoft appealed. On August 11, Judge Leonard (no relation) Davis, citing Microsoft’s lawyers’ hijinx, slapped another $40 million onto the judgment for willful infringement, and cited $37 million in pre-judgment interest. Microsoft appealed, and lost its appeal yesterday.

Microsoft appealed again – actually, asked for a re-hearing – and lost again last Friday. The BBC says:

In this second appeal, the court again re-affirmed the original ruling and spelled out why that decision was made. In court documents spelling out their reasoning, the three appeal court judges said there was evidence that Microsoft knew i4i technology was patented before it turned up in Office programs.

The appeal is not the last that Microsoft can make. The court documents are now being sent to the other appeal court judges who will decide if Microsoft has grounds for a wider review of the case.