Sterne Kessler Goldstein Fox

USPTO Confirms Validity of i4i Patent: Reexamination Decision was Final Hurdle for i4i in Upholding A Judgment Exceeding $300M Against Microsoft

Today, July 27, 2010, the United States Patent and Trademark Office issued a Reexamination Certificate that confirms the patentability of claims 14-20 of  i4i's  U.S. Patent 5,787,449 (‘449) , which covers XML inventions found in Microsoft's Word software product.  In March 2007, i4i sued Microsoft for willful infringement of its ‘449 patent; a jury awarded over $300M to i4i for Microsoft's patent infringement.  i4i successfully defended that judgment against an appeal by Microsoft to the Federal Circuit.  That left an ongoing patent reexamination, requested by Microsoft in November, 2008, as the last venue for the parties to fight over the validity of the '449 patent.  

Ultimately the PTO sided with i4i and confirmed the validity of its patent.  The PTO issued A Notice of Intent to Issue a Reexamination Certificate (NIRC) on April 28, 2010; the  Reexamination Certificate being issued today, July 27, 2010 in the eOfficial Gazette for Patents.  The Reexamination Certification is the final step in the patent reexamination.  Microsoft may not appeal the PTO's decision.

i4i was represented by Sterne, Kessler, Goldstein & Fox, led by attorneys Robert Greene Sterne, Lori A. Gordon, and Robert W. Molitors.