i4i v. Microsoft: Injunction Stayed

Hal Wegner just reported that the CAFC will stay an injunction entered last month by Judge Leonard Davis of the ED of Texas. The injunction was to take effect October 10, 2009 and it was to apply against all copies of MS WORD currently being sold. The stay will be in place during the CAFC's consideration of Microsoft's appeal. No reasons were given for the stay, other than that "the court determines based upon the motion papers submitted that Microsoft has met its burden to obtain a stay of the injunction." The order also says that it is being entered "[w]ithout prejudicing the ultimate determination of this case by the merits panel," indicating that the motion to stay was not decided by the panel, which is typical, but given the significance of this motion, I thought this motion might have been decided by the merits panel. i4iOrderSeptember3.pdf