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hampstor
08-12-2009, 08:51 AM
Microsoft also faces more damages over willful infringement

Microsoft's Office 2003 and 2007 wove XML into Word, with the introduction of .docx, otherwise known as Office Open XML, as the format of choice. The new format brought an open standard and better storage to the application. Unfortunately, it also turned into one of the company's biggest legal headaches.

In making Office, Microsoft implemented technology seeming covered under a 1998 patent (No. 5,787,449) by a developer of collaborative-based content solutions, Toronto-based i4i. The patent covered "manipulating a document's content and architecture separately."

A Texas federal court ruled in May that Microsoft had infringed on the i4i's patents and ordered Microsoft to pay $200M USD in unpaid royalties. Microsoft was reportedly hurt in the proceedings by a published trail of emails that indicated that the company knew that it was infringing on i4i's work. Microsoft disagreed strongly with the verdict and promised to fight it in appeals court.

Now a US District Court of Eastern Texas judge, Judge Leonard Davis, has ordered sales of Microsoft Word in the U.S. banned until a final judgement is reached. The injunction also came with an order for Microsoft to pay an additional $40M USD for willful infringement, $37M USD in prejudgement interest, and $21,102 per day in additional fines. The court also is asking that Microsoft hand over $144,060 a day, until the final judgement and damages are paid (though it may get some of this money back).

Until the final decision is reached, Microsoft is banned from selling any version of Microsoft Office containing copies of Word that can open .XML, .DOCX, or DOCM files containing custom XML. Microsoft has a mere 60 days to comply with the injunction.

With Office being one of Microsoft's staple products, and with the .docx format being the current default format, an appeal seems inevitable. Microsoft has not issued a formal response yet to ban on Word sales.


http://www.dailytech.com/Texas+Judge+Bans+Microsoft+From+Selling+Word+in+the+US/article15945.htm

:rofl: I'm not a coder/scripter, but after attempting to read the patent, the patent seems a bit broad/vague ...

spikerS
08-12-2009, 09:10 AM
alot of patents try to be as broad and vague as possible in the hopes of a situation just like this. The patent offices try to get people to be specific, but if you are patenting something that the clerk has no knowledge of, or just does not care, you can cast a pretty big net, and see what fish come up.

pretty crazy about the monetary judgments tho

Mibz
08-12-2009, 09:33 AM
It's not terribly vague. It's talking about a decently specific process for handling metacodes and content. I stopped reading about halfway down their explanation of "the invention" but it really doesn't seem like a dick-headed patent.

If there's proof that MS knew about the patent and that they would infringe it then I imagine the courts will throw the book at them.

scat19
08-12-2009, 09:35 AM
The fines are HUGE! 21k a DAY! yikes!

TorqueDog
08-12-2009, 09:40 AM
I dunno, I read the patent too and it does seem like it was more of a fishing net patent than a legit one.

Mibz
08-12-2009, 09:47 AM
I'd say that's standard innovation right there. They saw a problem and they found an efficient way of solving it.


A map of metacodes found in the document is produced and provided and stored separately from the document. The map indicates the location and addresses of metacodes in the document. This is a specific way of handling the two components. I think it's hard to argue that there's no other way that architecture and content could be handled separately, but this way is probably the best for the time being.

GoChris
08-12-2009, 10:21 AM
Of course the suit was filed in Texas.

iceburns288
08-12-2009, 10:31 PM
^huh?

I wonder how they got jurisdiction in Texas, though.

Disoblige
08-12-2009, 10:35 PM
Well, it's not really banning MS Word entirely. Just sell MS Word and have people download the automatic hotfix online. It just sucks that current product is unable to be sold.

eblend
08-12-2009, 10:50 PM
Makes you wonder wtf the judge uses for his word processing

GoChris
08-13-2009, 07:52 AM
Originally posted by iceburns288
^huh?

I wonder how they got jurisdiction in Texas, though.

http://blogs.wsj.com/law/2006/03/27/are-patent-trolls-grazing-the-east-texas-plains/

If you read about patent cases often, you will notice they are most always in Texas.

Supa Dexta
08-13-2009, 09:03 AM
Originally posted by scat19
The fines are HUGE! 21k a DAY! yikes!

Thats peanuts when they have a few hundred mill of other judgements to go along with it.