Managing Intellectual Property

Federal Circuit overturns damages in Microsoft case

14 September 2009

Eileen McDermott, New York

The US court of Appeals for the Federal Circuit has affirmed a district court’s finding that Microsoft infringed Lucent’s patents, but struck down the $511 million damages award

The case has raised questions about the proper way to calculate damages awards in patent infringement cases.

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...



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