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James R. Barney

Federal Circuit: Microsoft Infringed Patent, but Damages Rule is Flawed

January 4. 2011

Law360

In a case reinstating a patent infringement verdict against Microsoft Corp. but tossing the jury's damages award, the U.S. Court of Appeals for the Federal Circuit rejected a widely used damages calculation rule. "Uniloc is obviously pleased that the court found liability and is looking forward to retrying the case on damages," said Donald Dunner, partner at Finnegan, who argued Uniloc's case before the Federal Circuit. "To get a reversal on the liability issue is very pleasing," Dunner said. Uniloc is represented by Finnegan.

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