For years, Alcatel-Lucent has chased after Microsoft for alleged patent infringement, only to see two 9-to-10 figure awards tossed along the way. On July 29, Lucent’s lawyers at Kirkland & Ellis secured another award against Microsoft, this time a jury verdict for $70 million. But Microsoft and its lawyers at Fish & Richardson are already hinting at how they might try to get another award to bite the dust.
Last month’s award came in a damages retrial over Alcatel’s claims that Microsoft’s Office line of software infringed one of its patents. Alcatel counsel Luke Dauchot of Kirkland & Ellis said the verdict reflected the full amount his client sought during the six-day trial in San Diego federal court. Still, the sum is one-fifth of an earlier $357 million award Kirkland & Ellis secured in 2008 in the first trial. That award climbed to nearly $500 million with interest, but was eliminated on appeal. While the U.S. Court of Appeals for the Federal Circuit in 2009 affirmed the finding of infringement, it ordered a new damages trial.
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