"At today's hearing we emphasized three points for why a reverse judgment or retrial is warranted: Courts need to construct claims properly, the patent is not valid and we do not infringe it, and common sense can't be abandoned when it comes to damages calculation. We are pleased with how the hearing proceeded and we look forward to the Court's ruling." Microsoft spokesperson Kevin Kutz said in a statement.
"We're feeling very, very good about the appeal," i4i chairman Loudon Owen said in a phone interview. "There wasn't a single issue that arose that was new. It was, in fact, a re-package of all the same arguments that were made at trial. All of [Microsoft's] core elements failed at trial" and will likely fail on appeal.
The case is now in the hands of the judges, and a response can take anywhere from two to four months, Owen said. The judges have the option to affirm the court's decision, affirm in part, or dismiss.
"As a company, we have a great sense of urgency, and we're extremely enthusiastic to hear back as soon as possible because we're suffering irreparable harm every day," Owen concluded. "And it's not just financial â" we're also losing out strategically. We want to become the pioneer in what's going to be a very, very fast growing segment.""