• Microsoft Corporation (“Microsoft”) has indicated that it plans to appeal a February 22, 2007, jury verdict in the U.S. District Court for the Southern District of California that awarded $1.5 billion in damages, the largest damages award ever in a patent case, to Alcatel-Lucent (“Alcatel-Lucent”) after finding that Microsoft’s Windows Media Player infringed on two of Alcatel-Lucent’s patents relating to audio MP3 files. Because part of the damages award relates to foreign sales, the award could likely be affected by the outcome of Microsoft Corp. v. AT & T Corp., No. 05-1056, a case in which the Supreme Court is considering Microsoft’s liability for damages on Windows operating systems sold abroad. Oral argument in the Supreme Court case was heard on February 21, 2007.
  • Briefing has begun pursuant to the Federal Circuit’s January 26, 2007, order to review en banc a petition for mandamus in In re Seagate Technology, LLC, Misc. Docket No. 830, to consider (1) whether a party’s assertion of the advice-of-counsel defense to willful infringement should extend wavier of the attorney-client privilege to communications with that party’s trial counsel; (2) what impact should the waiver have on work product; and (3) should the duty of care under Underwater Devices Inc. v. Morrison-Knudsen Co., 717 F.2d 1380 (Fed. Cir. 1983), be reevaluated. The Court stated that scheduling of oral argument, if any, will be resolved at a later date.