12.22.09

Microsoft Word Can be Banned Within Weeks for Microsoft Patent Crime (Willful Infringement and Trial Misconduct)

Posted in Courtroom, Law, Microsoft, Patents at 4:59 pm by Dr. Roy Schestowitz

Microsoft above the law

Summary: The i4i lawsuit, which presents strong evidence of Microsoft’s most shameless patent infringement, has an injunction set to January 11th

Microsoft deliberately broke patent law*, as i4i has shown using words that came right from Microsoft’s own mouth [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. Throughout the trial, Microsoft was also fined $40,000,000 for “trial misconduct” (another such incident ocurred and got reported earlier this month). There are over 50 patent cases against Microsoft, but it is difficult to show that Microsoft did this knowingly and deliberately. i4i managed to show just that, so punishment is imminent:

• WSJ: Court Affirms Injunction Against Microsoft

A federal appeals court on Tuesday affirmed a $290 million patent infringement judgment against Microsoft Corp. and reinstated an injunction that bars the company from selling current versions of its flagship Word software.

• Patently-O: Appellate Court Enforces Permanent Injunction against Microsoft Word

The i4i district court decision created some turmoil this past summer when the Eastern District of Texas court ordered Microsoft to stop selling versions of its flagship MS Word product that infringe i4i’s patent covering xml editing technology. The injunction was stayed pending appeal, but now the Court of Appeals for the Federal Circuit (CAFC) has affirmed the lower court’s findings of validity and willful infringement and its award of enhanced damages and permanent injunctive relief. The only modification made by the court was to push-back the effective date of the injunction from sixty-days to five months (from the original order). Thus, “[t]he injunction’s effective date is now January 11, 2010.”

• CBS/CNET: Microsoft loses Word patent appeal, will change code

Microsoft has lost an appeal in a patent case that will force it to alter Microsoft Word to avoid an injunction on sales of the product.

Microsoft lost a patent case involving a company called I4i in May, after a jury ruled that Microsoft infringed one of i4i’s patents with a custom XML feature found in Word. In August an injunction was placed on sales of Word pending the appeal, which did not go in Microsoft’s favor Tuesday.

Here is the unofficial Microsoft response and some more official word. [pun]
_____
* Internally, it was revealed that Microsoft advises staff not to ever look at patents, for fear that patent violations would become willful.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

A Single Comment

  1. uberVU - social comments said,

    December 23, 2009 at 8:13 am

    Social comments and analytics for this post…

    This post was mentioned on Identica by schestowitz: #Microsoft #Word Can be Banned Within Weeks for Microsoft #Patent Crime http://boycottnovell.com/2009/12/22/lawsuits-infringement-vs-word/

What Else is New


  1. Living in a State of Constant and Never-Ending Fear Will Harm Software Freedom

    "Freedom" or "liberty" may seem to have been co-opted by extreme right-wing and COVID-denying (or COVID-minimising) elements, but at the moment we do stand to lose many "tech rights" (in the name of "protecting" us)



  2. [Meme] Mozilla's 2020 Vision

    Mozilla does not seem to understand that proprietary Azure and proprietary GitHub won't offer Mozilla a way/path out of the mess it's in



  3. Techrights Done With Maintenance For Now, Will Resume Posting at a Higher Publication Pace

    With a few new features added to the site we can finally resume normal operations (more articles per day)



  4. Moving to Phones Won't Liberate Users

    A so-called 'phone' (or 'smart' phone) with Linux under the bonnet isn't freedom; it's a branding war being won, but principles are being abandoned



  5. Links 29/10/2020: LibreOffice 7.0.3, Linux 5.9.2, NVIDIA 455.38 Linux Driver

    Links for the day



  6. Links 29/10/2020: Istio 1.6.13, Krita 4.4.1 and PyPI Key-Signing Ceremony

    Links for the day



  7. IRC Proceedings: Wednesday, October 28, 2020

    IRC logs for Wednesday, October 28, 2020



  8. Links 28/10/2020: Linux Dropping WiMAX Support, Istio 1.7.4, Ubuntu is “Hirsute Hippo”

    Links for the day



  9. Linux Foundation (Men for Monopolies) Once Again Hijacking Women's (and Minorities') Voices for Public Relations

    Diversity and tolerance are absolutely essential, but those who preach or lecture us about it most loudly (their financial means or privilege enable media reach) set a bad example and are mostly opportunistic hypocrites who perpetuate the status quo



  10. In a State of Flux Due to Maintenance and Improvements

    For the first time since summer of 2019 we're investing time and effort improving the site in a number of ways



  11. Links 28/10/2020: Torvalds on Succession, PyTorch 1.7.0

    Links for the day



  12. [Meme] Stealing the Competition

    After the fall (and fail) of CodePlex Microsoft decided to grab the Linux Foundation and most Git-based projects (through GitHub) — a strategy even Microsoft can learn to love



  13. IRC Proceedings: Tuesday, October 27, 2020

    IRC logs for Tuesday, October 27, 2020



  14. Links 28/10/2020: FreeBSD 12.2, NixOS 20.09 and WordPress 5.6 Beta 2

    Links for the day



  15. Taking Our Efforts to the Next Level in an Increasingly Proprietary and Hostile Web

    Web users are being repressed by mechanisms of mass manipulation, control and restrictions; the Web may not be going away any time soon, but architectural and topological issues need to be overcome (the sooner, the better)



  16. Read Techrights Without a Web Browser

    Any text editor can now be used to read Techrights, owing to a daily bulletin we've set up and will maintain every day



  17. [Meme] Torvalds Assimilated

    People belatedly realise that Microsoft’s plan for Git (and for Linux) isn't for the betterment of those projects but for Microsoft monopoly



  18. Links 27/10/2020: FuguIta 6.8, Fedora 33, Red Hat Satellite 6.8, KDE Plasma 5.20.2 and GStreamer 1.18.1

    Links for the day



  19. Site Changes Ahead of Anniversary

    We’re making some changes to the presentation and function of the site — changes that will become more prominent over the coming days



  20. IRC Proceedings: Monday, October 26, 2020

    IRC logs for Monday, October 26, 2020



  21. Links 26/10/2020: rpminspect 1.2, Open Source Hardware Certification and LibreOffice Conference

    Links for the day



  22. Links 26/10/2020: Debian "Bullseye" Artwork, Fwupd 1.5 Released

    Links for the day



  23. [Meme] Satya Na-DL

    Microsoft has shown its real priorities (just before the weekend when many people might not notice)



  24. Jonathan Wiltshire and Debian, Falsified Harassment Claims, Tiger Computing and GCHQ

    Reprinted with permission from Debian Community News



  25. Links 26/10/2020: Linux 5.10 RC1 and Loongsoon Laptops

    Links for the day



  26. The Downfall of Free Software Leaders (and Their Projects or Missions)

    "Cancel George Orwell, and happy hacking."



  27. IRC Proceedings: Sunday, October 25, 2020

    IRC logs for Sunday, October 25, 2020



  28. Links 25/10/2020: Kodi 18.9, ScummVM Android Love, Cutelyst 2.13

    Links for the day



  29. [Meme] Captain Zemlin and Neil McGovern's Ugly Legacy in GNOME (His Predecessors Work for Microsoft Directly Now)

    The Linux Foundation is already ‘sold’ and Microsoft Tim‘s interview with Neil McGovern, published a few days ago, was rather revealing (comments on the article/interview were also harsh)



  30. How Microsoft is Still Worse Than Google

    "I have decided that we should not publish these extensions. We should wait until we have a way to do a high level of integration that will be harder for the likes of Notes, Wordperfect to achieve, and which will give Office a real advantage."


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts