By Scott M. Fulton, III, Betanews
Attorneys for Uniloc, the independent developer whose patent for software activation was the subject of an infringement case against Microsoft, told Betanews Thursday morning they will appeal a Rhode Island district court judge's decision Monday vacating the jury's award of $388 million to Uniloc.
In a statement to Betanews, Uniloc's attorneys said the following: "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."
On Monday, US District Judge William Smith overturned the jury's verdict and overturned the decision in part, remanding the case to a lower court for retrial. Although Microsoft may ultimately be held accountable, Judge Smith made clear that a new jury should be made aware it may only end up owing about $18 million at best, if they adhere to the proper formula.
But the judge's immolation of the underlying theory of Microsoft's guilt may have made that finding extremely difficult for a new jury to reach, as he used Uniloc's own expert witness' testimony to demonstrate that the technology Microsoft used instead could not have violated Uniloc's patent. Quite possibly, Microsoft may have studied that patent, but implemented different methodology in order to avoid infringement. The question a new jury may have to consider is whether Microsoft violated the ideal of a patent without copying its methodology -- a theory that hasn't held water before.
Whether a new jury even gets the case, however, may depend on the outcome of Uniloc's appeal.
Copyright Betanews, Inc. 2009
