The U.S. Court of Appeals for the Federal Circuit on Thursday granted Microsoft’s motion for a stay, pending appeal, of an injunction issued in August by a federal judge that bars sales of Word that include a custom XML code found to infringe on patents held by i4i–the plaintiff.
“We are happy with the result and look forward to presenting our arguments on the main issues on September 23,” Microsoft spokesman Kevin Kutz said in a statement.
Needless to say, i4i was not happy with this turn of events:
“Microsoft’s scare tactics about the consequences of the injunction cannot shield it from the imminent review of the case by the Federal Circuit Court of Appeal on the September 23 appeal,” i4i Chairman Loudon Owen said in a statement. “i4i is confident that the final judgment in favor of i4i, which included a finding of willful patent infringement by Microsoft and an injunction against Microsoft Word, was the correct decision and that i4i will prevail on the appeal.”
Strong words, but not surprising ones. The next round in this battle goes on September 23 where I would expect it to be a battle royale. Expect both sides to make lots of noise in the lead up to that date as well.