NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-1504
I4I LIMITED PARTNERSHIP and
INFRASTRUCTURES FOR INFORMATION INC.,
Plaintiffs-Appellees,
v.
MICROSOFT CORPORATION,
Defendant-Appellant.
Before SCHALL, PROST, and MOORE, Circuit Judges.
PROST, Circuit Judge.
ON PETITION FOR PANEL REHEARING
A combined petition for panel rehearing and rehearing en banc was filed by
Microsoft Corporation. A response was invited by the panel and filed by i4i Limited
Partnership. That was followed by Microsoft’s Motion for Leave to File a Reply in
Support of Combined Petition for Panel Rehearing and Rehearing En Banc.
Among the issues on which Microsoft has sought rehearing is the holding that
Microsoft did not challenge the district court’s denial of Microsoft’s post-verdict JMOL on
willfulness. i4i Ltd. v. Microsoft Corp.,
589 F.3d 1246, 1273 (Fed. Cir. 2009). Microsoft
argues that this conclusion is factually incorrect, that review of the jury’s willfulness
verdict is required, and that it should prevail on that question.
IT IS ORDERED THAT:
(1) Microsoft’s Motion for Leave to File a Reply in Support of Combined Petition
for Panel Rehearing and Rehearing En Banc is granted.
(2) Microsoft’s Petition for Panel Rehearing is granted for the limited purpose of
revising portions of the discussion of willfulness.
(3) The previous opinion in this appeal issued December 22, 2009 and reported
at i4i Ltd. v. Microsoft Corp.,
589 F.3d 1246 (Fed. Cir. 2009), is withdrawn and replaced
with the revised opinion accompanying this order.
The Petition for Rehearing En Banc will be circulated to the full court along with a
copy of this order.
FOR THE COURT
March 10, 2010 ___ /s/ Jan Horbaly
Date Jan Horbaly
Clerk
cc: Matthew D. Powers
Donald R. Dunner
John W. Thornburgh
Richard Samp
2009-1504 2
