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patent

Word. Not Yours.

Posted by susabelle at 7:44 AM on August 12, 2009

MSOfficeiWord (yes, pun intended) comes today that a Federal District Court judge has barred the sale of Microsoft Word until further notice.  The ruling stems from a patent infringement lawsuit brought byI4i, a software company located in Toronto, Ontario, Canada.  The infringement relates specifically to customized XML being used in the creation of XML and/or DOCX files. In addition to the ban on sales of Microsoft Word, part of the Microsoft Office Suite, Microsoft has been ordered to pay over $287 million in restitution and damages.

Microsoft plans to appeal the decision, which means that any implementation of the ban could be put off indefinitely.

In the meantime, Microsoft can start working on removing XML functionality from Word or find another workaround to the ban.  And I imagine with a bit of extra greasing of palms, this whole thing will go away as if it never happened.

Here is the summation of the ban from the court record:

Microsoft Corporation is hereby permanently enjoined from performing the following actions with Microsoft Word 2003, Microsoft Word 2007, and Microsoft Word products not more than colorably different from Microsoft Word 2003 or Microsoft Word 2007 (collectively “Infringing and Future Word Products”) during the term of U.S. Patent No. 5,787,449:

1. selling, offering to sell, and/or importing in or into the United States any Infringing and Future Word Products that have the capability of opening a .XML, .DOCX, or .DOCM file (“an XML file”) containing custom XML;

2. using any Infringing and Future Word Products to open an XML file containing custom XML;

3. instructing or encouraging anyone to use any Infringing and Future Word Products to open an XML file containing custom XML;

4. providing support or assistance to anyone that describes how to use any infringing and Future Word Products to open an XML file containing custom XML; and

5. testing, demonstrating, or marketing the ability of the Infringing and Future Word Products to open an XML file containing custom XML.

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The IBM ‘Patent Troll’ Patent

Posted by todd at 7:17 AM on October 22, 2007

Found on Slashdot.

IBM has applied for a patent for a “system and method for extracting value from a portfolio of assets”, filed in April, but becoming public on October 18.  While the Slashdot article infers that it is a formalisation of a patent protection racket (which is loosely the large company version of what a patent troll does) it is unlikely that IBM would try to patent this style of operation.  Too much prior art.

This appears to be my un-lawyerly eyes to be ‘patent-troll’ insurance.  One method to protect yourself from certain types of patent claims is to have a protective portfolio of patents yourself.  A suit of patent infringement can then turn into a case on who’s patent is valid in that case.  For an opportunistic claimant, pursuing a case against you is harder and more risky.

IBM has lots of patents (over 40,000 according to them) and are highly skilled in IP law.  The thought of having to defend themselves against a rival IBM patent would be a negative motivator to a prospective lawsuit.  For a small to medium company to have access to this protection would be worth some money.

For IBM this also would simplify the management of their IP and make it easier for others to license IBM technology, which increases the revenue potential for them.  While it appears to be a good business idea, whether it should be patentable is another matter.  I have a personal dislike of patenting business models or ideas, or of the patenting of the use of a technology.  Maybe a lower class of patent needs to be introduced, where the patent office can say “yeah, interesting idea but a bit anti-competitive to have a patent.  Have 2 years of exclusivity only.”

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Microsoft unofficially replies on RSS

Posted by todd at 8:24 PM on December 24, 2006

Sean Lyndersay a member of the Microsoft RSS team has responded on the Microsoft Team RSS blog on the Microsoft RSS fiasco, and after reading the post I can tell he was painfully careful in his words.

According to Sean they are essentially claiming innovation in a number of areas, and while I do not see innovation in their application as their in my opinion is plenty of prior art this sadly this will be up to the patent office to determine.

What I would like to see though as others in the space have been calling for, is official assurance from a officer of the corporation that they are using the patent as a defensive filing only. [Microsoft Team RSS Blog]

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The Microsoft RSS Patent Issue!

Posted by todd at 4:31 PM on December 23, 2006

As I have been watching the Microsoft Syndication (RSS) Patent dispute over the past couple of days the single word that comes to my mind is “Arrogance” and lets look at the definition of the word Arrogance.

Arrogance – Overbearing Pride evidenced by a superior manner toward inferiors

Microsoft’s actions are such that they have made it very evident that they do not respect those that should rightfully be labeled as inventors of RSS and they outrightly slap those that developed RSS in the face.

The overall debate in the community has been quite negative with a few voices asking for reasoning. In my opinion big corporations are always looking to use their muscle and lay claim to something they have no right to lay claim to. When Microsoft came to Gnomedex in 2005 and announced how they were going to have RSS/XML integrated into there forthcoming applications I think we were all pretty much pleased.

But the current situation with this patent application has a lot of people pissed off and highly concerned. There are a lot of prior art issues and I think Microsoft will have an up hill battle on its hands to get this approved, but they have a army of patent lawyers, and I am sure that the patent office treats Microsoft patent applications a lot more seriously than the average persons application.

I am hoping that Microsoft will make an official statement on the issue but I am not holding my breath. If the succeed in getting this patent approved it will be a great tragedy and I am sure the source of some serious litigation.

[Scripting.com] [Scripting.com] [Nick Bradbury] [Nial Kennedy] [Open] [WatchMoJo.com]

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