Macromedia has won its patent infringement counter-suit against Adobe.

The victory comes a week after Adobe’s successful action against Macromedia for violation of Adobe’s tabbed-palette patents. Adobe was awarded $2.8 million in damages.

Macromedia has been awarded $4.9 million in damages for its counter suit victory. The company alleged that Adobe infringed its patents for a draw-based editor for Web pages and a hierarchical structure editor for Web sites. Adobe was found to have infringed three Macromedia patents in its Illustrator and Premiere products.

“The score is now Adobe one, Macromedia one, customers zero,” said Rob Burgess, chairman and CEO of Macromedia. “Macromedia is absolutely committed to defending the right to innovate.”

Macromedia filed an additional patent infringement case against Adobe in October 2001. This case is scheduled to reach a Californian court in June 2003.

Adobe plans to appeal against the decision, questioning the jury’s finding on two of the three patents – this finding was “inconsistent”, the company claims.