05.31.09

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

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2009/05/31/ms-patents-discovery-misconduct/

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. David Gerard said,

    May 31, 2009 at 8:01 pm

    Gravatar

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

What Else is New


  1. Links 13/5/2021: KDE Gear 21.04.1 and LibreOffice 7.0.6

    Links for the day



  2. The EPO's War on Justice and Assault on the Law -- Part 4: The President of the Boards of Appeal

    A deeper look into the ‘sausage factory’ that is EPO tribunals certainly helps us understand the inherent bias of many decisions, including a recent decision on European software patents like a controversial simulation patent



  3. Judging the Judges

    Today we shall take a closer look at Carl Josefsson, a person who shall become a figure of interest if he sends EPO courts to the United States in clear violation of the EPC (looking to rubber-stamp an unlawful decision already made before this case even started)



  4. When EU Authorities Tell You to Complain to the EPO Itself About EPO Privacy Violations...

    “Kafkaesque” at the EPO; Kafka could do a whole novel about the flirtations with or affairs of ‘justice’ at the EPO



  5. The Need for Reliable Governance at Freenode

    Why the current and high-profile (albeit somewhat covert) owner of the network, who seems to care about Free software (it has made him very wealthy), should put the whole thing in reliable hands and not attempt to 'monetise' it in any way



  6. IRC Proceedings: Wednesday, May 12, 2021

    IRC logs for Wednesday, May 12, 2021



  7. Andrew Lee of Private Internet Access/London Trust Media Increasingly Owns and Controls Freenode

    The details about Freenode ownership and control are explained in a resignation letter urging users to move to another network



  8. [Meme] eBPF is Not Microsoft's, But It's Certainly Googlebombed by Microsoft

    eBPF isn't Microsoft's. But sites that work closely with Microsoft keep mentioning that term as if Microsoft created it and champions it (typical tactics).



  9. Links 13/5/2021: OpenSUSE Leap 15.3 on Finer Hardware, AMI Dabbling in Free Firmware

    Links for the day



  10. The EPO's War on Justice and Assault on the Law -- Part 3: The Current Line-up

    The composition of the Enlarged Board for case no. G 1/21



  11. System76’s First Keyboard Packs in Plenty of Surprises

    Putting the genie back in the bottle is hard, and moreover the corrective post from Joey Sneddon may cause a bit of a 'Streisand Effect'



  12. Links 12/5/2021: HAProxy Data Plane API 2.3 and Mousepad 0.5.5

    Links for the day



  13. IBM is Destroying Red Hat, Squeezing Red Hat's Work for Cash, Laying Off Staff, and Asking Staff to Resign

    Layoffs are not a new thing at IBM (hardly so in the past couple of decades or more), but they're oversensitive about the Red Hat agenda



  14. [Meme] Longing for the Original IP Kat...

    It would be nice to see more posts critical of injustice at the EPO, as we've just noted



  15. The EPO's War on Justice and Assault on the Law -- Part 2: Just Another Pro Forma Rubber-Stamping Exercise?

    Half a decade after Benoît Battistelli ‘kidnapped’ and then defamed judges (it started in 2014) António Campinos has done nothing to restore lawfulness at the EPO, as controversial referral case G 1/21 shows; in fact, they recently approved European software patents after pressure from Campinos himself



  16. Why I'm Using Just a Landline and Recalling My Richard Stallman (RMS) Interview on Working Locally or How the Signal Processor in Phones is a De Facto Back Door

    A longer-than-expected rant about what mobile phones have turned into and a look back at (or listen to) what Richard Stallman (RMS) told me way back in 2013



  17. The European Campinos Award

    The campinos (peasants) of Europe shall gather around for another ceremony championing farmers and nurses... or not



  18. Personal Thoughts About the EPO 'Kangaroo Court' Scandal

    Some unscripted and unedited thoughts about the current EPO scandal/series, which shows intervention such as stacking by António Campinos, continuing the tradition of Benoît Battistelli with his attacks on justice itself



  19. Doing Justice by Reporting Injustice

    Europe's second-largest institution, helped by Europe's largest, is engaging in a massive attack on the very concept of the Rule of Law and incredibly enough the so-called 'press' (or 'media') doesn't report on it



  20. IRC Proceedings: Tuesday, May 11, 2021

    IRC logs for Tuesday, May 11, 2021



  21. Links 12/5/2021: New Audacity and Musescore Owner Named, Microsoft May Lose "JEDI" (Trump's 'Bailout Package')

    Links for the day



  22. The EPO's War on Justice and Assault on the Law -- Part 1: Rumours of a Kangaroo Court at EPOnia

    EPO's President Benoît Battistelli viciously attacked judges and slandered judges; António Campinos adopts a more 'soft power' approach, but nevertheless the impact is the same



  23. Bill Gates Exposed

    While publishers like ZDNet worked hard (on Microsoft's budget) to distract us from real scandals many nefarious things were happening; are we witnessing the fall of Gates?



  24. Welcome to ZDNet's 'Linux' Section...

    ZDNet, which defamed RMS to help distract from Bill Gates scandals, is doing what the sponsors (IBM, Microsoft, Linux Foundation) pay for



  25. Europe's Second-Largest Institution, the EPO, is Partly Based in the United States

    The EPO has outsourced its operations, including its 'courts', to the United States; this seems to be the so-called 'New Normal'



  26. You Look for Linux News and Instead It's Microsoft Noise and Openwashing

    Imagine trying to go about doing your own 'business', only to be confronted by paid-for plugs (sponsored) by the people trying to undercut/undermine your business; welcome to "Linux" in 2021



  27. Links 11/5/2021: Maui 1.2.2 and Tor Releases

    Links for the day



  28. The Next Generation of Free Software (or Software Freedom) Activism, Tackling Newer Problems

    New challenges as labour rights and human rights are further eroded, thanks to 'high' 'tech' with its very 'innovative' 'features'



  29. Mass Litigation Over the Salary Adjustment Procedure (SAP), Basically an Attack on All EPO Staff, Even EPO Pensioners

    “Importance of a binding and unambiguous erga omnes declaration” stressed by staff representatives of the EPO in a new letter to Benoît Battistelli‘s successor of choice, António Campinos, who has done nothing so far except attacking (or robbing) EPO staff, even EPO pensioners



  30. EPO 'Dialogue' With Staff Representatives is as Dead as 'Dialogue' With the Union

    “Yet another failure of social [sic] dialogue [sic] for Mr Campinos,” according to staff representatives, who rightly bemoan the Office president not giving a damn about staff; things quickly deteriorate in Europe’s second-largest institution, which does even worse things than granting loads of illegal European software patents (harming software producers and users alike)


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