Patent loss could rain on Windows 7 parade

reghakr

Essential Member
#1
I find this highly unlikely, but here's the article:

MICROSOFT MUST BE PANICKED that its recent loss in a US patent lawsuit could dampen the retail launch of its massively hyped Windows 7 operating system on 22 October.

Last Friday it filed a sealed Emergency Motion asking for a stay of execution following its loss on 11 August in i4i v. Microsoft, a patent infringement lawsuit covering Custom XML.

In that ruling, Judge Leonard Davis of the US District Court for the Eastern District of Texas, Tyler Division, issued both a Final Judgment for monetary damages totaling $290 million and a Permanent Injunction barring Microsoft from selling Microsoft Word 2003 and 2007, and Word for Mac 2008, or any similar versions, as of 10 October and while i4i's Custom XML patent remains in effect.

Microsoft is entitled to a stay pending appeal on the monetary damage award, if it posts an appropriate bond. However, under federal court rules there is no such automatic right to a stay of injunctive relief pending appeal, although courts will sometimes grant such a stay.

More........Patent loss could rain on windows 7 parade - The Inquirer
 


john3347

Extraordinary Member
Premium Supporter
#2
I remember this XML issue being "in the news" a few years ago. (I don't remember it being 6 years ago, tho. It seems that at the time it was "newsworthy", it had to do with standardization issues rather than patent issues. Of course, Microsoft ignored the world's opinion on the issue and went their own way. Perhaps (even hopefully) it will now come back to bite them in the butt. I never liked the .docx format that was not compatible with anything on the market so everyone had to install a "compatibility pack" to continue to do business with current and prospective clients. Other than the $290 million fine and a previous levy of (what was it? $450 million) for the copies that have already been sold and are in circulation; all they have to do is quit selling the .docx format and fall back (actually go forward) to the familiar .doc format. Forfeiture of a day's pay for the steamroll that they committed! No wonder they think they can rule the world.

I don't understand why this issue would threaten the scheduled release date of Windows 7.
 


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#3
Very interesting post reghakr.. Thnaks
 


#4
Yes, I heard about this.
Will be interesting to see how MS deals with it. Massive bribes? hah... I'll take one.
 


#5
Don't think this will slow Win7

This appeal looks like it is worth watching. The judges are mostly older, all but two are over 65, and of the 12, 8 are Republican appointees. Sharon Prost will be the one to watch. You'd think Judge Davis would have been sympathetic to Microsoft, but something they did really pissed him off.
Most likely this will drag on far past November and will have no affect on Win 7 release. Personally nothing past Word 97 is much to write home about. From what I understand about the case, it is typical MS ripping off other peoples software. What's new about that? Their muscle in high places is not to be dismissed either.
 


john3347

Extraordinary Member
Premium Supporter
#6
It appears that Microsoft now intends to play a "pity card" regarding this issue. They played "high and mighty bully" during the latest court appearance which garnered them an additional $40 million in fines for their lawyers' outbursts and contemptuous ploys in court. (perhaps this influenced the verdict in a way that was negative to Microsoft.) Now they are trying to play that they are this humble company about to be dealt "irreparable harm" by this goliath from "out of town". They have also enlisted a couple of un-named computer manufacturers to claim the same "irreparable harm" to them if this injunction stands. What a farce!!! Microsoft wants to have the injunction put aside until after the appeal is heard, which can possibly be dragged out for more than 2 years.
 


#7
Somehow, I'm not surprised that this is flipping Texas doing it. First that stupid touchpad/touchscreen thing, haven't checked on that recently, now this? Come on, Texas needs to gtfo already and stop being a pain in arse.
 


john3347

Extraordinary Member
Premium Supporter
#8
Somehow, I'm not surprised that this is flipping Texas doing it. First that stupid touchpad/touchscreen thing, haven't checked on that recently, now this? Come on, Texas needs to gtfo already and stop being a pain in arse.

Would you feel that way if it had been your patent that had been stolen?
 


#9
Sorry, but to me(This is at the touchpad/touchscreen thing), you can't patent something like that. And then not go after it until years later. It's like writing a letter a long time ago against someone, then decide to send it years later after the fact. And now, unless I'm reading this wrong, you can patent "Custom XML"? XML is damn code, you can't copyright and prevent people from using that.
 


stueycaster

Millennium Celebration Award Winner
Premium Supporter
#10
Somehow, I'm not surprised that this is flipping Texas doing it. First that stupid touchpad/touchscreen thing, haven't checked on that recently, now this? Come on, Texas needs to gtfo already and stop being a pain in arse.
You make it sound like the whole state is to blame. Of course it couldn't be just a few a**holes there now could it? And of course this could only happen in Texas.

It's been my experience that the a**holes are all over the world and they're the ones who cause most of the world's problems.
 


#11
You make it sound like the whole state is to blame. Of course it couldn't be just a few a**holes there now could it? And of course this could only happen in Texas.

It's been my experience that the a**holes are all over the world and they're the ones who cause most of the world's problems.
While you ARE right, I'm just making a generalization. Texas has done this twice in the past month, and no doubt every trial has been in biased texas. Just saying.
 


john3347

Extraordinary Member
Premium Supporter
#12
Can't patent a code????

Sorry, but to me(This is at the touchpad/touchscreen thing), you can't patent something like that. And then not go after it until years later. It's like writing a letter a long time ago against someone, then decide to send it years later after the fact. And now, unless I'm reading this wrong, you can patent "Custom XML"? XML is damn code, you can't copyright and prevent people from using that.


I CERTAINLY do not know the legal issues involved here, but if one cannot patent a code that they "invented" (devised and wrote) can one also not patent an operating system or an application that they devised and wrote? It would seem to me that the same regulations that apply to operating systems and applications should apply to code.

I raise this question to promote discussion to help us all understand the issue better and not just in the spirit of argument.
 


#13
I CERTAINLY do not know the legal issues involved here, but if one cannot patent a code that they "invented" (devised and wrote) can one also not patent an operating system or an application that they devised and wrote? It would seem to me that the same regulations that apply to operating systems and applications should apply to code.

I raise this question to promote discussion to help us all understand the issue better and not just in the spirit of argument.
A very interesting question John.. I bet the answer wouldn't be what we'd expect.. ;)
 


john3347

Extraordinary Member
Premium Supporter
#14
Is the authoring of code not entitled to EXACTLY the same "intellectual property" protection (or lack of protection) as authoring an application or an operating system?
 


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#15
I can agree with you.. You definitely make a very valid point.. :)
 


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