U.S. Army Captain Michael Kelvington, commander of the Battle company, 1-508 Parachute Infantry battalion, 4th Brigade Combat Team, 82nd Airborne Division, bows next to remains of Gulam Dostager, a member of Afghan Local Police who was killed in the blast of an Improvised Explosive Device (IED) during the joint Tor Janda (Black Flag in Pashtu) operation, in Zahri district of Kandahar province, southern Afghanistan May 25, 2012.  REUTERS/Shamil Zhumatov  (AFGHANISTAN - Tags: MILITARY CIVIL UNREST CONFLICT TPX IMAGES OF THE DAY)

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Members of the U.S. Navy Blue Angels fly over the World Trade Center in lower Manhattan as part of the 25th annual Fleet Week celebration in New York, May 23, 2012.  REUTERS/Eduardo Munoz (UNITED STATES - Tags: MILITARY ANNIVERSARY TPX IMAGES OF THE DAY)

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Microsoft wins overturn of $388 million patent award

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SEATTLE | Wed Sep 30, 2009 10:33am EDT

SEATTLE (Reuters) - Microsoft did not infringe a patent held by anti-piracy software maker Uniloc Inc, a federal judge ruled on Tuesday, nullifying an earlier $388 million (242 million pound) damages award against Microsoft.

The decision, by U.S. District Judge William Smith, means Microsoft does not need to pay what would have been one of the largest damages awarded in a civil patent case.

"We are pleased that the court has vacated the jury verdict and entered judgment in favor of Microsoft," said Kevin Kutz, a Microsoft spokesman.

A call to Uniloc was not immediately returned.

Uniloc USA and its Singapore-based parent originally filed suit against Microsoft in 2003, claiming that Microsoft infringed its patent with security software it was using to prevent unlicensed use of its Windows XP operating system and parts of its Office suite of products.

After six years of legal wrangling culminated in a trial earlier this year, a jury in the U.S. District Court for the District of Rhode Island found in favor of Uniloc in April, awarding the large damages against Microsoft. Microsoft then appealed the verdict.

The case: Uniloc USA, Inc., et al v. Microsoft Corp., et al, U.S. District Court District of Rhode Island (Providence), 1:03-cv-00440-S-DLM.

(Reporting by Bill Rigby; Editing by Gary Hill)

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