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Microsoft to make case in Word injunction appeal

Ina Fried CNET News

Published: 23 Sep 2009 14:41 BST

Microsoft is scheduled on Wednesday to appear in a US appeals court to make its case for the lifting of an injunction banning sales of Word.

Earlier this year, a federal jury in Texas found that recent versions of Word, which contain a custom XML feature, infringe on a patent held by i4i. The court ordered Microsoft to pay the Canadian company $200m (£120m). In August, Judge Leonard Davis of the US District Court for the Eastern District of Texas raised the amount of the damages awarded and also ordered the injunction.

Both Microsoft and i4i have made their arguments, and it is now up to the federal appeals court to weigh those positions. The hearing is set for 10am East Coast time in the US (3pm in the UK).

For its part, i4i has said it is not seeking to have Word completely removed from retail shelves: it just wants the offending XML code removed.

If it loses its appeal, Microsoft has a number of options to settle the suit. It could try to offer an XML feature in Word that behaves differently and so does not infringe the patent; it could pull the custom XML feature from Word; or it could pursue a settlement.

Credit: Microsoft to be heard on Word injunction appeal from CNET News