Advertising

The Seattle Times Company

NWjobs | NWautos | NWhomes | NWsource | Free Classifieds | seattletimes.com

Business / Technology


Our network sites seattletimes.com | Advanced

Originally published Wednesday, May 4, 2005 at 12:00 AM

E-mail E-mail article      Print Print      Share Share

Microsoft loses appeal to limit damage awards

Microsoft lost a U.S. appeals-court bid to limit the damages software makers can be ordered to pay in some patent-infringement cases, on...

Microsoft lost a U.S. appeals-court bid to limit the damages software makers can be ordered to pay in some patent-infringement cases, on its way to a new trial in a dispute over a method of surfing the Internet.

A jury had told Microsoft to pay Chicago-based Eolas Technologies $521 million for infringement. Yesterday an appeals court let stand its earlier decision that upheld the infringement finding and ruled that Microsoft can be forced to pay damages based on overseas sales of software. Microsoft still gets a new trial to argue its claim that the patent is invalid.

The case involves an award in 2003 to closely held Eolas by a jury that decided Microsoft's Internet Explorer browser infringed an Eolas patent on technology for reading information stored on the Internet. Intel and Time Warner's America Online supported Microsoft's argument that damages in such patent-infringement cases shouldn't include global sales when disks containing software code have been sent overseas.

Microsoft said in court papers that more than 64 percent of the $521 million award was based on computers "made, sold and used entirely in foreign countries."

The U.S. Court of Appeals for the Federal Circuit ruled March 2 that Microsoft's software on computers sold overseas was covered by a U.S. patent because it had been copied from a master program developed in the U.S.

The ruling also upheld the jury's finding that Microsoft infringed the Eolas patent, though the court granted Microsoft a new trial on the sole issue of whether the Eolas patent was valid. That means Microsoft must win a decision invalidating the patent to avoid paying the $521 million award.

Today, the appeals court made no comment in refusing to reconsider its decision.

E-mail E-mail article      Print Print      Share Share

More Business & Technology

UPDATE - 09:46 AM
Exxon Mobil wins ruling in Alaska oil spill case

UPDATE - 09:32 AM
Bank stocks push indexes higher; oil prices dip

UPDATE - 08:04 AM
Ford CEO Mulally gets $56.5M in stock award

UPDATE - 07:54 AM
Underwater mortgages rise as home prices fall

NEW - 09:43 AM
Warner Bros. to offer movie rentals on Facebook

More Business & Technology headlines...

advertising


Get home delivery today!

Video

Advertising

AP Video

Entertainment | Top Video | World | Offbeat Video | Sci-Tech

Marketplace

Advertising