The U.S. Court of Appeals for the Federal Circuit has vacated a half-billion dollar award against Microsoft Corp. for use of its “pop-up calendar” in Microsoft Outlook. The court affirmed patent validity and infringement judgments that Microsoft had also challenged, but ruled that the jury’s damages calculation lacked sufficient evidentiary support. In particular, the court made clear that “fundamental differences exist between lump-sum agreements and running-royalty agreements,” especially as applied to “a minimally used feature.”
To read the decision, click here.
