Out-Law News

Macromedia wins patent counterclaim against Adobe


Software company Macromedia announced on Friday that a jury ruled in its favour in a patent counterclaim against rival Adobe Systems. It follows a court victory for Adobe earlier this month in which a jury found that Macromedia’s Flash animation products wilfully infringed an Adobe patent.

The verdict for Macromedia included a damages award of $4.9 million. Macromedia intends to ask the court to issue an injunction to stop Adobe's infringement, and also intends to appeal the verdict in the initial Adobe case. In that case, Adobe won damages of $2.8 million and said that it expects that the court will issue an injunction to stop Macromedia's infringement.

"The score is now Adobe one, Macromedia one, customers zero," said Rob Burgess, chairman and CEO of Macromedia.

Adobe was found to infringe three Macromedia patents. One infringement relates to “changing blended elements and automatic re-blending of elements” in the Adobe Illustrator product. Another two patents relate to visually displaying and editing sound waveforms and are infringed by Adobe’s Premiere product. Adobe has said that it plans to appeal.

In the Adobe victory two weeks ago, Macromedia was found to be infringing Adobe's “reconfigurable tabbed palette patent,” a method of displaying and working with multiple sets of information in the same area of the computer screen.

In October 2001, Macromedia brought a patent infringement suit against Adobe in the Northern District of California relating to additional patents that Macromedia believes that Adobe infringes. This case is scheduled for June 2003.

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