Out-Law News 1 min. read

Microsoft infringed spreadsheet patent, says jury


Microsoft is to pay almost $9 million after losing a patent infringement case brought by the inventor of a software application linking Microsoft’s Excel program and Access database through a single spreadsheet. The inventor had sued for $500 million.

Guatemalan inventor Carlos Amado claims that he developed the application in 1990 and then approached Microsoft in 1992, when the company declined to buy his program. Amado went on to patent the software but, he says, a year later Microsoft came out with a very similar application in its 1995 Office software programs.

Amado sued in 2003, claiming around $500 million in damages, and the case went to trial last month in the US District Court of Central California.

The jury has now returned its verdict, dismissing nine of the 10 claims made by Amado, according to Reuters. It upheld one, however, awarding $8.96 million to Amado for sales of the software between March 1997 and July 2003.

District Judge David Carter will have to decide on the level of damages that should be awarded for sales since then.

Amado’s lawyer, Vince Belusko, described the case as a classic David versus Goliath.

“We are pleased with the verdict, which clearly states that Mr Amado’s patent rights have been vindicated,” he said. “This has been a long struggle for our client and he is finally getting what’s owed to him, recognition for a valuable innovation.”

Amado added: “This is a great day to finally get the validation that my invention has value. I am pleased that Microsoft has been forced to recognise this innovation as a useful and unique application that benefits their millions of users.”

Microsoft spokeswoman Stacy Drake told reporters that it was too early to say whether an appeal would be lodged.

“While today's verdict is disappointing, we are pleased that the jury rejected Mr Amado's large damage claims," she said.

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