MS Dubs Word Injunction "Miscarriage of Justice"

Microsoft's lawyers have appealed the ruling that granted Toronto-based i4i $290 million in damages and placed a permanent injunction on the sale of Word in the U.S. The company was granted a fast track appeal for the injunction, which it last week said would cause irreparable damage to the company. Microsoft Wednesday appealed to a panel of three judges, calling the ruling a "miscarriage of injustice."

ComputerWorld cites Microsoft's appeal brief as criticizing Judge Leonard Davis' handling of the case. The Redmond-based company went on to say that the court should have recognized "a trial run amok."

This case stands as a stark example of what can happen in a patent case when a judge abdicates [his] gatekeeping functions," Microsoft said. "If the district court had been more faithful to its role as gatekeeper, it should have recognized a trial run amok and interceded to prevent a miscarriage of justice."

ComputerWord reported earlier this week that following the filing of Microsoft's appeal brief, a response from i4i is due in two weeks time, on September 8, while Microsoft's reply to that must reach the court by noon on September 14. The oral hearing is set for September 23.

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  • I wonder, why is i4i not suing the creators of Open Office? As I recall, Open Office has XML support and the ability to read/write .docx files.
    14
  • Wouldn't be such a big deal if everyone weren't dependent on a product from one vendor.
    13
  • There used to be quality control for issuing patents 100 years ago. Now they give one to anybody who's willing to pay.
    10
  • Other Comments
  • Wouldn't be such a big deal if everyone weren't dependent on a product from one vendor.
    13
  • I wonder, why is i4i not suing the creators of Open Office? As I recall, Open Office has XML support and the ability to read/write .docx files.
    14
  • There used to be quality control for issuing patents 100 years ago. Now they give one to anybody who's willing to pay.
    10