Alcatel-Lucent is not satisfied with the $1.5bn Microsoft has been ordered to pay for violating two MP3 patents, and is seeking additional damages.
Alcatel-Lucent claims damages awarded by a San Diego US District Court in February only cover the bill for patent infringements through November 2005. The company seeks a recount to calculate damages since that time.
Alcatel-Lucent said in a court filing it is additionally owed more than $273m in prejudgment interest, as well as $3.6m in postjudgment interest. The company also requests an injunction against Microsoft from selling products that include MP3 technology, or alternatively, demands a compulsory license of $5.64 be placed on all infringing sales made after the ruling.
Earlier this month, a US federal judge entered final judgment on the patents and told Microsoft it was time to pay the $1.5bn damages. Microsoft is still currently appealing the ruling. A hearing is scheduled for late June.
The software giant originally jumped into the defendant seat when Lucent filed lawsuits against Gateway and Dell. Microsoft expected it might be responsible for any action taken against its precious OEMs.
Last month, Microsoft was on the winning side of a patent squabble when the Supreme Court ruled 7-1 that the company was not responsible to compensate AT&T for patent infringing software sent overseas in Windows gold master disks. ®