Patent Law | Expert Legal Commentary
May 16, 2010
I4i v. Microsoft: Affirming a $200 Million Infringement Award
By
Yuri Mikulka and Laura D. Castner of Zuber & Taillieu LLP
The U.S. Court of Appeals for the Federal Circuit affirmed a $200 million-plus patent infringement damages award, as well as an accompanying injunction, against Microsoft. In i4i Ltd. P’ship v. Microsoft Corp., the Circuit Court stated that its review of a couple of key issues was limited due to Microsoft’s counsel’s failure to move for judgment as a matter of law on those issues. The Court also clarified its position on corroboration of a witness’ testimony in invalidity claims, holding that i4i’s witness testimony did not require corroboration when it was used in response to an invalidity claim. Because of the size of the damages award, combined with the permanent injunction, this case will likely have an impact on future patent litigation.
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About the Authors
Yuri Mikulka is a Partner of Zuber & Taillieu LLP, and chairs its litigation department.
Laura D. Castner is a Counsel of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.
Image Credit: ©iStockphoto.com/brentmelissa
View a PDF of the judicial opinion