Last year, Canadian firm i4i successfully sued Microsoft for patent infringement. The company was awarded nearly $300 million in damages and Microsoft was ordered to amend its Word and Office software so that it no longer infringed on i4i's patent. The patent covers software that removes the need for individual, manually embedded command codes to control text formatting in electronic documents. Aside from paying the hefty damages, Microsoft was ordered not to sell or import any Microsoft products that had the capability to open .XML, .DOCX or .DOCM files containing custom XML, to the United States.
Despite appealing the case, in December Microsoft was ordered to change Word and Office or pull the software from shelves by January 11. On Friday Microsoft filed yet another appeal against the ruling. In a petition, Microsoft asks judges to reconsider the way in which the damages figure of $290 million was reached.
"The petition details significant conflicts we believe the December 22 decision creates with established precedents governing trial procedure and the determination of damages, and we are concerned that the decision weakens judges' authority to apply appropriate safeguards in future patent trials," said Kevin Kutz, director of public affairs for Microsoft, in a statement.
i4i says it expected Microsoft to file such a petition but added that it looks forward to building its business now that Microsoft is required to stop selling the offending products.
