You be the judge — i4i v. Microsoft (Part I)

Here’s an opportunity for you to be the judge.  Microsoft has appealed the permanent injunction imposed by Judge Davis of the Eastern District of Texas in i4i v. Microsoft.  Importantly, the permanent injunction would apply to any continuing infringement of US patent 5,787,449 by Microsoft’s Word product.  Judge Davis also approved $240 million in damages to i4i for infringement by Microsoft.   The Federal Circuit has issued a temporary stay of the permanent injunction pending a decision on the appeal. 

The oral argument at the Federal Circuit before Judges Schall, Prost, and Moore was conducted on September 23, 2009.  The court has not yet issued a decision.  Hence, you can decide how you would resolve this appeal.

You can listen to the oral argument below.  The oral argument was over an hour; so, I’ve divided it into three segments (1) Microsoft’s argument; (2) i4i’s argument; and (3) Microsoft’s rebuttal argument.

Microsoft’s argument: [Listen]

i4i’s argument: [Listen]

Microsoft’s rebuttal argument: [Listen]

Supporting documents including briefs and a link to the patent can be found at [Link].

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