Monday, December 21, 2009

Judge Upholds Verdict, Enhances Damages, Issues Permanent Injunction Against Microsoft

The civic law close of McKool Smith is announcement a abiding admonition and absolute amercement and absorption of added than $290 actor adjoin software behemothic Microsoft Corp. (NASDAQ: MSFT) in a Texas apparent contravention accusation won by Toronto-based technology provider i4i Inc.

The Order and Permanent Injunction were active today by Judge Leonard Davis of the U.S. District Court for the Eastern District of Texas, Tyler Division. Today’s cardinal follows a May 20, 2009, adjudication of $200 actor afterwards jurors begin that Redmond, Wash.-based Microsoft foolishly abandoned an i4i apparent accoutrement a certificate arrangement that relies on the XML custom formatting function.

During the trial, attorneys from McKool Smith and Tyler, Texas-based Parker, Bunt & Ainsworth auspiciously argued that Microsoft abandoned the i4i apparent issued in 1998, U.S. Patent No. 5,787,499, which covers software advised to dispense “document architectonics and content.” The software covered by the apparent removed the charge for individual, manually anchored command codes to ascendancy argument formatting in cyberbanking documents.

The McKool Smith aggregation apery i4i includes close principals Douglas Cawley, Gordon White, Jeff Carter, Kevin Burgess, Rosemary Snider, Jill Lynch, and Randy Carter, chief admonition Tom Fasone, of counsel, Alfredo Silva, and assembly Sarah Anderson, John Campbell, Austin Curry, Gretchen Harting, Jennifer Henry, Craig Donahue, Martin Robson, and Jonathan Yim. Robert M. Parker from Parker, Bunt & Ainsworth aswell represented i4i as co-counsel.

In today’s order, Judge Davis disqualified that Microsoft should pay i4i an added $40 actor for its adamant contravention of the i4i patent. Microsoft aswell was ordered to pay hardly added than $37 actor in assumption interest, including an added $21,102 per day until a final acumen is accomplished in the case. The cloister aswell ordered Microsoft to pay $144,060 per day until the date of final acumen for post-verdict damages. Today’s abiding admonition prohibits Microsoft from affairs or importing to the United States any Microsoft Word articles that accept the adequacy of aperture .XML, .DOCX or DOCM files (XML files) absolute custom XML. The cloister is acute Microsoft to accede with the admonition aural 60 days.

McKool Smith is accustomed as one of the arch balloon law firms in the United States based on cogent attorneys victories and abundant settlements for calm and all-embracing clients. With added than 100 attorneys in Dallas, Austin, Marshall, New York, and Washington DC, McKool Smith handles commercial, bookish acreage and white collar action for companies and individuals, including above airlines, telecommunications companies, medical accessory manufacturers, oil & gas concerns, and abounding others. McKool Smith is accustomed in The National Law Journal for acceptable added of the Top 100 Verdicts of 2008 than any added law close in the country.

For added information, amuse acquaintance Bruce Vincent at 800.559.4534 or bruce@androvett.com.

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