After over five years of patent litigation, Uniloc was awarded $388 Million in damages as a result of Microsoft’s willful infringement of Uniloc’s 5,490,216 Patent, which intentional infringement allows for trebling of the monetary damages award. (Jury’s verdict available here). The ‘216 patent relates to a software registration system that allows digital data or software to run on a computer platform only after the appropriate registration number has been entered and licensing procedure followed. The invention basically prevents distribution and use of unauthorized software.
The Court of Appeals for the Federal Circuit previously overturned the Court’s summary judgment of non-infringement and remanded the case back to Rhode Island. (Order available here). Microsoft has indicated that it will appeal the jury’s verdict. According to Professor Colin Miller, Microsoft may have an argument with respect to the Court’s order allowing Uniloc’s damages expert’s testimony. The case is Uniloc USA Inc. v. Microsoft Corp., CV03-440 S (D.R.I. 2003).