In i4i v. Microsoft, Federal Circuit Affirms Damages, Injunction, and Other Issues

摘要

On January 8, 2010, Microsoft filed a combined petition for panel rehearing and rehearing en banc. Represented by former Deputy Solicitor General Thomas Hungar,Ted Olson, and other Gibson Dunn attorneys, together with Matt Powers ofWeil Gotshal, Microsoft focuses most of its rehearing petition on the damages award. Microsoft has asked the full court to reverse the panel's decision on the admissibility of the expert testimony under Daubert. Microsoft also argues that the panel should have reviewed the damages award under the traditional "grossly excessive" analysis, regardless of whether Microsoft had moved for JMOL.