Law, Strategy, and Risk in Commercial Disputes
The Tenth Circuit has ruled that Microsoft didn't kill WordPerfect. The market did.
Or at least that, if Microsoft did commit software-icide, it didn't lose money doing it and therefore Did Nothing Wrong. Novell, Inc. v. Microsoft Corp., No. 12-4143 (10th Cir. Sept. 23, 2013).
For other instances of antitrust-icide in the Tenth Circuit…
A Seattle jury today hit Motorola with a $14 to $15 million damages award for bad faith in negotiating to license patents that Microsoft's Xbox and Windows products infringe.
The dispute involved patents that Microsoft holds on technologies relating to wireless local area networks and video coding.
Two standard-setting organizations (SSOs) incorporated the Motorola technologies into standards that they set — H.264 and 802.11…
David Boies said:
Sometimes when things are going well, you think they'll go on forever. Not everything bad you do hurts you, and not everything good you do helps you.
He had in mind a "serious" goof he made in the feds' antitrust case against Microsoft during the 1990s. He said he had deposed Bill Gates for two…
Seven justices today rejected an attempt to make patents easier for judges and juries to find invalid. The Court held that Congress's granting patents a presumption of validity saves patents unless their foes prove a basis for invalidity with "clear and convincing" evidence. Microsoft Corp. v. i4i Ltd. Partnership, No. 10-290 (U.S. June 9…
You may have wondered why patent cases have seemed so vogue in the last decade or so for hot shot trial lawyers. Blawgletter would not presume to tell you the cause. But perhaps it stems from the fact that, as Willie Sutton said, "that's where the money is."
But that now looks so two days ago. …
The Federal Circuit yesterday upheld almost all of a $240 judgment against Microsoft Corporation for willful patent infringement.
U.S. District Judge Leonard A. Davis presided over a jury trial on i4i's claims. He accepted findings of infringement and willfulness and the jury's verdict of $200 million in damages. He also enhanced the award by $40 million, in part due to…