In plaintiff-i4i's patent infringement action against Microsoft alleging that the patented custom XML editor in certain versions of Microsoft Word infringed plaintiff's patent, district court's award of $40 million in damages in addition to the jury award of $200 million in favor of plaintiff after finding Microsoft liable for willful infringement and entry of a permanent injunction is affirmed for the most part where: 1) district court's claims constructions and the jury's findings of infringement and validity are affirmed; 2) district court did not abuse its discretion in admitting plaintiff's evidence as to damages or in granting enhanced damages; but 3) the district court erred by ordering Microsoft to comply with the injunction within sixty days as there were no other or competing evidence as to how long it would take, and as such, the effective date of the injunction is modified to five months.
Appeal from: United States District Court for the Eastern District of Texas
Decided December 22, 2009
Opinion by Prost, Circuit Judge
For Appellee: Matthew D. Powers, Weil Gotshal & Manges LLP