Alcatel-Lucent’s claim that a scheduling component of Microsoft’s Outlook program infringes one of its patents has been vindicated again and again: by jurors, by a San Diego federal district court judge, and by the U.S. Court of Appeals for the Federal Circuit. But when it comes to the massive damages Alcatel-Lucent has demanded in the case, the company’s lawyers at Kirkland & Ellis can’t make the same boast.
Since 2008, when a jury awarded Lucent a whopping $358 million on its infringement claims, Microsoft’s lawyers have systematically whittled away at their client’s damages. On Friday they did it again, when Judge Marilyn Huff of the U.S. District Court for the Southern District of California slashed Alcatel-Lucent’s award to just $26.3 million. The judgment amounts to $41 million with interest, but it’s still less than 12 percent of Lucent’s original award. (Read Huff’s 27-page ruling here.)
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