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Amici weigh in on Microsoft’s damages appeal

Eileen McDermott, New York


Thirteen companies representing 18 industries have filed an amicus brief in the closely watched Federal Circuit case between Lucent and Microsoft, making the proper way to calculate damages in patent infringement cases once again a hot topic

In June last year, a California judge upheld a jury's finding that Microsoft must pay Alcatel-Lucent more than $511 million in damages, after interest, for infringing Alcatel-Lucent's US patents 4,763,356 and 5,347,295.

The '356 patent relates to technology that allows users to choose a calendar date from a menu, while the '295 patent covers a "position-sensed stylus" to control a notebook computer.

Microsoft appealed the decision to the Federal Circuit, and is being supported by several amici in the software industry, including Apple, SAP and Oracle, who argue that the method of calculating damages in infringement cases is unfair.

They argue...


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