i4i v. Microsoft - Largest Jury Verdict Ever Affirmed by Federal Circuit

Senniger Powers attorney Sara Weilert Gillette discusses updated developments in i4i v. Microsoft. Ms Gillette's practice is concentrated in intellectual property litigation.

On March 10, 2010, the Federal Circuit denied Microsoft’s motion for rehearing on the issue of willful infringement and updated its December 22, 2009 opinion. The updated opinion is nearly identical to the original opinion and adds only a short section on willfulness. In this section, the Federal Circuit notes Microsoft’s opening brief contained only one sentence that could be interpreted as appealing the jury’s finding of willfulness: “Microsoft is entitled to judgment as a matter of law on the issue of willfulness.” The Federal Circuit went on to hold that there was sufficient evidence at trial for the jury to find Microsoft “knew or should have known that there was an objectively high risk of infringement” and therefore willfully infringed. This was true despite the fact that Microsoft presented a number of defenses at trial, including non-infringement and invalidity. The Federal Circuit held, the jury was presented with those defenses and was free to decide whether Microsoft reasonably believed it had any substantial defenses to a claim of infringement.

Click here for earlier discussion of the case.