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Microsoft Accused of “Willful and Deliberate” infringement and “Discovery Misconduct” in Another Patent Case

Posted in Microsoft, Patents at 5:00 pm by Dr. Roy Schestowitz

Horacio Gutierrez in hell

Picture contributed by Twitter

Summary: The full(er) story about Microsoft’s attitude towards patents

IN PREVIOUS writings about the i4i vs. Microsoft case [1, 2, 3] we showed that Microsoft was getting burned by the very same system it craved. According to the following, Microsoft talks the talk but does not walk the walk.

Court documents show i4i claimed that Microsoft infringed on its patent in a “willful and deliberate” manner when it created its Word 2003, Word 2007, .NET Framework and Windows Vista software.

Here is the press release about tise judgment. It looks pretty bad for Microsoft, whose partners are busy patenting Microsoft lock-in.

In other places we have found information about Microsoft’s patent greed in consoles. Slashdot summarises this as follows:

An anonymous reader writes “BNET looked at some patents which suggest that Microsoft might be thinking about an integrated game console/set-top box. Quoting: ‘Patent 20080167128 is for watching television on a game console, while patent 20080167127 covers switching a gaming console between various media, including television, video, music, and games, and even using the console as a set-top box. Clearly Microsoft has been interested in controlling the living room, and combining media, gaming, and set-top functions in a single device would make a great deal of sense.’ There are also hints of mobile gaming that support the current round of rumors about a combination Xbox-Zune. ”

Microsoft’s XBox is still being sued from many different directions [1, 2] and it also turns to losses. Here is a report of progress in one of the latest cases.

Microsoft Faces Sanctions In Xbox Patent Spat


Microsoft Corp. has lost a tool in its defense in a patent trial over technology in its Xbox gaming console, and its alleged discovery misconduct has drawn a judge’s ire and threats of sanctions.

“Alleged discovery misconduct,” eh? That other company accused Microsoft of “willful and deliberate” infringement. It’s worth memorising for the next time Microsoft says that “Linux” (it means GNU/Linux) disrespects intellectual monopolies.

“IP is often compared to physical property rights but knowledge is fundamentally different.”

Professor Joseph Stiglitz

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A Single Comment

  1. David Gerard said,

    May 31, 2009 at 8:01 pm


    Projection. The first accusation that comes to mind is generally what they’re doing themselves. This may be useful.

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