Microsoft filed its motion for a stay pending its appeal of the Federal District Court’s decision that it violated i4i’s patent on custom XML. The legal brief is fairly short, the longest argument being that Microsoft is likely to prevail on appeal.
But the approach it takes is more like a scattergun blast rather than a single bullet aimed at the heart. Generally, that’s regarded as a “hope the court finds at least one straw here that it likes” kind of approach, according to attorney Paul Merrill. “Occasionally it succeeds,” he wrote in an email.
Some of Microsoft’s arguments:
To read more, please see Microsoft Files 'Scattergun' Appeal at my Technology Insights blog on BNET.