Loudon Owen and Michel Vulpe, of software firm i4i LP.Kevin Van Paassen
Microsoft Corp. Friday asked for a full panel of judges to review a recent appeals court decision to uphold a $290-million (U.S.) jury verdict against it for infringing a patent held by a small Toronto-based software firm.
The world's largest software company wants all 11 judges of the United States Court of Appeals for the Federal Circuit, which handles many patent and trademark cases, to review the case involving i4i Ltd. in the hope of overturning the original judgment.
Microsoft had already appealed the case last year, but in December a panel of three appeals court judges rejected its arguments, upholding the original federal jury decision in August.
That jury, in U.S. district court in Texas, ruled Microsoft had infringed a patent belonging to i4i relating to text manipulation software in the 2003 and 2007 versions of Word, Microsoft's word processing application.
The jury slapped more than $290-million in damages on Microsoft and the court granted i4i's motion for an injunction preventing Microsoft from selling versions of Word that contain the disputed patent technology.
That injunction was stayed while Microsoft appealed the case with the Court of Appeals, but is now set to go into effect Jan. 11 after Microsoft's first unsuccessful appeal.
Microsoft said last month it is working to adjust current versions of Word to comply with the injunction, and said Friday it will continue that work despite its new appeal.
"We look forward to the next steps as the court considers our petition, while continuing to move ahead with our plans to comply with the injunction by Jan. 11," said Microsoft spokesman Kevin Kutz.
Microsoft's appeal is based on its belief that the appeal court decision in December conflicts with precedents in trial procedure and and establishing damages in patent cases, Mr. Kutz said.
Loudon Owen, i4i's chairman, said in a statement the company anticipated Microsoft's move.
"We continue to be confident that we will prevail." Mr. Owen said, "In the meantime, the injunction against Microsoft goes into effect in three days, on Monday Jan. 11. We look forward to continuing to build i4i's business now that Microsoft is obligated to comply with the terms of the injunction. "