SEATTLE Nov 23 A federal appeals court on
Monday rejected Microsoft Corp's (MSFT.O) request that it
reconsider the way patents are upheld in court cases, as the
software maker continues its long legal battle with French
telecoms equipment company Alcatel-Lucent ALUA.PA.
Microsoft, which infringed an Alcatel-Lucent patent,
according to a lower court jury last year, asked the appeals
court to hear its argument that a patent could be held invalid
if evidence is presented in a court case that was not available
at the time the patent was granted.
It also asked that the standard for invalidating a patent
should be a "preponderance" of evidence, rather than "clear and
convincing" evidence, as it stands now, which would make it
easier to invalidate Alcatel-Lucent's patent.
The United States Court of Appeals for the Federal Circuit,
which handles many patent and trademark cases, denied that
request on Monday, without any explanation or comment,
according to electronic court records.
The decision means that a retrial of the case, ordered by
the appeals court earlier this year, will go ahead under the
same standards of proof as the original trial.
In September, the appeals court overturned a $358 million
damages award against Microsoft saying that Microsoft did
infringe a patent, but that damages were not justified and must
The long-running dispute centers on technology that allows
users to enter dates into calendars in Microsoft's Outlook
e-mail program, known as the "Day" patent.
The "Day" patent dispute is the last part of a large,
long-running, multibillion dollar patent dispute between the
two technology firms. The remainder of the litigation was
resolved last December.
Microsoft declined comment on the matter. An Alcatel-Lucent
representative did not immediately respond to a request for
(Reporting by Bill Rigby; editing by Carol Bishopric)
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