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United States Court of Appeals for the Federal Circuit

2009-1504

I4I LIMITED PARTNERSHIP and INFRASTRUCTURES FOR INFORMATION INC.,

Plaintiffs-Appellees,

v.

MICROSOFT CORPORATION,

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Texas in case no. 07-CV-113, Judge Leonard Davis.

__________________________

DECIDED: December 22, 2009 __________________________

Before SCHALL, PROST, and MOORE, Circuit Judges.

PROST, Circuit Judge.

This is a patent infringement case about an invention for editing custom XML, a

computer language. The owner of the patent, i4i Limited Partnership (“i4i”), brought suit

against Microsoft Corporation (“Microsoft”), alleging that the custom XML editor in

certain versions of Microsoft Word (“Word”), Microsoft’s word-processing software,

infringed i4i’s patent. After a seven-day trial, the jury found Microsoft liable for willful

infringement. The jury rejected Microsoft’s argument that the patent was invalid, and

awarded $200 million in damages to i4i. The district court denied Microsoft’s motions

for judgment as a matter of law and motions for a new trial, finding that Microsoft had

waived its right to challenge, among other things, the validity of the patent based on all

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