A permanent injunction against Microsoft selling versions of Word that contain XML editing ability effectively remains in place today, after a shot-in-Dec 2009, Microsoft lost its second appeal to overrule the $240 million dollar fine imposed by a US court for copyright infringement on Wednesday. The initial ruling dictated that Microsoft pay up, as well as removes the infringing XML technology from Microsoft Word. Although Microsoft is no longer distributing versions of Word or Office with an XML. What may be more historically important about Wednesday's ruling -- which replaces the December ruling -- is that it may re-establish an older legal precedent with respect to patent infringement. Patent reformers, including Supreme Court judges, have been utilizing their own judiciary discretion with respect to a benchmark for damages. Legislation still on the table in Congress would change US patent law so that judges must estimate what a product would have been worth had it not been infringed upon, under normal market circumstances, in setting damages. Microsoft has begun the process of a third appeal, asking for a more thorough investigation. A decision as to whether the appeal will be accepted is expected in the next six weeks. If the court refuses the appeal, Microsoft can take its case all the way to the Supreme Court (and probably will).