Last Week: Injuntion Preventing Sales Of Microsoft Word

There has been a lot of discussion about the recent order from a federal district court judge in Texas relating to future sales of Microsoft Word.

My colleague Woodrow Pollack at The Florida IP Blog has followed it since the order was entered in three different posts.

The first, titled "Microsoft Word + custom XML = no more?" can be found here and states:

Tuesday, Judge Davis of the Eastern District of Texas entered a permanent injunction against Microsoft, enjoining the company from:

1. selling, offering to sell, and/or importing in or into the United States any Infringing and Future Word Products that have the capability of opening a .XML, .DOCX, or .DOCM file (“an XML file”) containing custom XML;

2. using any Infringing and Future Word Products to open an XML file containing custom XML;

3. instructing or encouraging anyone to use any Infringing and Future Word Products to open an XML file containing custom XML;

4. providing support or assistance to anyone that describes how to use any infringing and Future Word Products to open an XML file containing custom XML; and

5. testing, demonstrating, or marketing the ability of the Infringing and Future Word Products to open an XML file containing custom XML.

The Court also entered final judgment, with damages:

• $200 million for infringement
• $40 million for willful infringement
• ~$11.8 million for post-verdict damages
• ~$38 million in pre-judgment interest
• (for a total of ~$290 million)

The second, titled "Microsoft files emergency motion to stay execution of judgment in Texas" can be found here.

The third, titled "Another quick update on Microsoft Word order in Texas -- Parties agree Microsoft doesn't have to post a bond", can be found here.

As discussed here, the Federal Circuit has ordered expedited briefing for Microsoft's appeal. Other articles can be found here, here, here, here and here.