Andre Yoskowitz
9 Jan 2010 14:37
Microsoft has filed a second appeal in their XML patent case, claiming the original ruling could be dangerous for future patent cases.
Last month, the software giant lost to tiny Canadian company i4i, and removed all infringing custom XML editing abilities from its Office 2003 and 2007 suite. Microsoft also paid $290 million in damages.
Of the new appeal, Kevin Kutz, director of public affairs for Microsoft says: The latest appeal "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."
New versions of Office go on sale the 11th, with all infringing XML editing removed.
Loudon Owen, chairman of i4i responded to the new appeal: "This next step of seeking a rehearing was anticipated. We continue to be confident that we will prevail. We look forward to continuing to build i4i's business now that Microsoft is obligated to comply with the terms of the injunction. i4i stands ready to work with the wide range of customers that require this custom XML functionality."