Microsoft can continue to sell Word (including Custom XML) during appeal

As reported previously (and extensively), Microsoft lost a patent infringement case brought by i4i in Texas regarding Microsoft Word's use of custom XML. The Court ordered Microsoft to stop selling infringing copies within a certain time frame. Microsoft appealed, and has asked the Federal Circuit to stay the injunction.

Yesterday, the Federal Circuit granted Microsoft's Emergency Motion to Stay Permanent Injunction Pending Appeal. I do not yet have a copy of this Order, but Patently-O quotes from it:

Without prejudicing the ultimate determination of this case by the merits panel, the court determines based upon the motion papers submitted that Microsoft has met its burden to obtain a stay of the injunction.

Looking at the Court's docket, the following schedule has been set:

8/25/2009 Appellant Principal Brief Filing Date

9/8/2009 RED BRIEF

9/23/2009 Oral Argument Date / Calendared

Stay tuned...

Links

• Patently-O's coverage (link)
• CNET story (link)
• My prior coverage
• Microsoft files appeal brief (link)
• Parties agree no bond is needed (link)
• Microsoft files emergency motion to stay (link)
• Microsoft Word + Custom XML = no more? (link)