Federal Judiciary

Judge Davis' Grant of Summary Judgment in Favor of Microsoft Affirmed by Federal Circuit

By Michael C. Smith

In the midst of all the hoopla over last week's jury verdict against Microsoft in Judge Davis' court in Tyler, the Federal Circuit today (Newman, Rader, Linn) affirmed Judge Davis' grant of summary judgment of noninfringement in Microsoft's favor last March in Fenner v. Microsoft following jury selection. 

As readers know, Microsoft had another case in Judge Davis' court a weeks weeks prior to Fenner, i4i v. Microsoft.  That verdict was affirmed on appeal recently as well, but coincidentally earlier today the FC (Schall, Prost & Moore) released a new opinion granting in part Microsoft's petition for panel rehearing and accordingly revising portions of the discussion of willfulness.  The petition for rehearing en banc is then to be circulated to the full court.

Full post as published by Eastern District of Texas Federal Court Practice on March 24, 2010 (boomark / email).