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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  • malphas
    Maybe the assholes at Microsoft will rethink their attitudes towards software patents now they've gotten a taste of the recieving end.
  • Anonymous
    while i think MS deserve stuff like this to keep them from taking over the world, it seems like tthis case is absolutley ridiculous. how the hell can a company own a patent on typing software?
    i think MS will be getting a call any day now from the guy who patented the alphabet, so he can get his cut.

    the floodgates have opened.
  • malphas
    The floodgates opened years ago. Microsoft are as guilty of this as anyone, and recently filed a patent for what seems vaguelly worded (as all software patents are) like any any sort of software that makes evolutionary charts - which would comprimise dozens of already existing pieces of software.