Microsoft formally appeals Word patent ruling

Judgment would require the software giant to stop selling Word within the U.S.

Microsoft has formally appealed a judgment issued last week that would require the company to stop selling Microsoft Word within the U.S.

The judgment came after a jury trial that found aspects of Microsoft Word violate the patent of the Canadian software firm i4i as it relates to what's being called "custom XML."

In the ruling, U.S. District Judge Leonard Davis of the Eastern District of Texas ordered Microsoft to stop selling versions of Word "that have the capability of opening a .XML, .DOCX, or .DOCM file ('an XML file') containing custom XML" within 60 days. He also ordered Microsoft to pay i4i $240 million in damages, $40 million of which was granted because the jury found the patent violation to be "willful."

Late last week, Microsoft filed for an emergency stay with the district court. In its filing Tuesday with the U.S. Court of Appeals for the Federal Circuit, Microsoft has also asked for an emergency stay while the appeal is being heard.

According to the case docket, the first oral arguments in the appeal will be held Sept. 23.

About the Author

Becky Nagel is the executive editor of the 1105 Redmond Media Group's Web sites, including Redmondmag.com, RCPmag.com, RedDevNews.com and VisualStudioMagazine.com, among others.

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