Uniloc will appeal loss of $388m verdict against Microsoft

By | October 1, 2009, 10:07am PDT

Summary: Uniloc will appeal a federal judge’s nullification of huge jury award in patent case against Microsoft.

One imagines the jaws dropping in Uniloc’s board room when a federal judge announced he was throwing out a jury’s $388 million patent infringement verdict against Microsoft. Shock would have turned to anger, then resolve. Today, Uniloc announced - to the delight of its law firm - it would appeal the decision. This statement comes from CEO Brad Davis:

We are disappointed by the decision the trial judge has made to overturn the jury’s unanimous verdict in Uniloc’s patent infringement case against Microsoft. We believe that the jury’s verdict in April was thoughtful, well reasoned and supported by the evidence presented. Since the patent status remains unchanged, Uniloc will continue to protect its intellectual property and appeal the Judge’s decision to override the jury’s verdict to the US Court of Appeals. We are confident that Uniloc will ultimately prevail.

For the most detailed breakdown of the judge’s decision you’ll find on the Web, see my post from yesterday.

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Richard Koman

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Biography

Richard Koman

Richard Koman is an attorney admitted to practice in California. As a technology writer since the mid-1980s, Richard Koman has documented the role of computing in the transformation of the graphic arts, the growth of the Web and the birth of the peer-to-peer phenomenon. He worked as a book and web editor for O'Reilly Media throughout the 1990s, editing several influential websites and numerous best-sellers. As a lawyer, as well as a tech writer, he brings a unique perspective to the blog's intersection of law, government and technology.
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RE: Uniloc will appeal loss of $388m verdict against Microsoft
ZetaZeta 2nd Oct 2009
I think both might be BugMeNot anonymous accounts, but I can't be sure.
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people's voices must prevail
Linux Geek 1st Oct 2009
and M$ must pay the piper.
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What if the Judge was right on the law?
Fark Updated - 1st Oct 2009
Should Microsoft (and stop the childish M$, will ya?) still pay because 12 jurors either didn't understand the subtle differences or hate MS (imagine 12 jurors like you Linux Geek)?

If MS did due dilligence and made enough modifactions to skirt the patent, then they skirted the patent. that fact that you hate MS doesn't mean they broke the law, right?

When all is said and done, only the lawyers come out ahead.
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This is not the first time MSFT got caught
Intellihence 1st Oct 2009
with it's hands in anothers cookiee jar. If it were up to you, I'd guess all
the jurors would be MSFT employees and/or stockholders.
  • Flagged
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And if it where up to you
GuidingLight 1st Oct 2009
I guess all the jurors would be Linux and/or Apple employees and/or stockholders.

You know, where Microisoft would be found guilty even when they were innocent?
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Microsoft isn't innocent here.
Intellihence 1st Oct 2009
No, unlike many here, I would prefer non-computer users as jurors.
PERIOD.
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When did you get your law degree?
mdemuth 1st Oct 2009
Sorry, the law isn't defined by what you wish it to be.
Judges are mostly interested in law and justice, while jurors sometimes, like yourself, have no interest in either.
Judges are also accountable to others.
Which is why judges are allowed to override juries, when they don't follow the law.
PERIOD.

Now it is up to the appeals process to figure the rest of it out.
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Do you think
Viva la crank dodo 1st Oct 2009
Linux Geek is Loverock and just trying to get people fired up from both directions?
It is unlikely that Judge William Smith knew anything about the technical aspects of the case that the jury didn't know. If you look at his bio tech is not present. But what is present is the fact that he is a Bush appointee. Not exactly the best of cred's.
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...since when has politics EVER played a role in a judges decision?

Oh now I remember...almost always. wink
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Bush supports Microsoft?
MadWhiteHatter 2nd Oct 2009
Excuse me? Does anyone know the political leanings of Bill Gates? He is a big lib. If it were political, the judge would have found in favor of Uniloc, not Microsoft.
fighting this and then simply goes away. The patent system
is so amazingly broken when it comes to software as to not
be funny but sad.

This is a small step forward.
The best line in this post was, "to the delight of its law firm..." That is so true. Uniloc thought it could profit off of Microsoft's research and development based off of a very loose patent, but the judge saw through it. Uniloc has wasted a lot of money in the process. The only individuals to make out well from this case were the lawyers for both companies. This is just yet another example of the need for serious tort reform in this country.
Awards of this magnitude are exactly what's wrong with the system. If the appeal and the judgement is restored - at a more reasonable level - Uniloc could lose the entire judgement in legal fees!

Appeals court judges are there to reign in juries who understand very little about software and IP issues.
I think both might be BugMeNot anonymous accounts, but I can't be sure.

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