Bonum Certa Men Certa

The Patent Trolls and McKool Smith Show Why OOXML and Software Patents Should be Shunned

Spooky statue



Summary: McKool Smith and i4i may take Microsoft Word off the market -- claim

THE SHORT story -- for those who have not heard yet -- is that Microsoft Word is banned -- embargoed if you will (deja vu) -- based on a court's decision which will probably be reversed or mitigated by the time it comes into effect. David Gerard says that it "doesn't take effect for 60 days, MSFT will certainly get it overturned. but amusing nevertheless!" McKool Smith is the shameless law firm and the so-called 'victim' is i4i. Microsoft's patent dispute with i4i is not new, as it was previously mentioned in:



  1. Microsoft Accused of “Willful and Deliberate” infringement and “Discovery Misconduct” in Another Patent Case
  2. XML Patents, Microsoft Aggression, and ODF Hostility
  3. Microsoft is Again Paying the Huge Price for Wanting Anti-Free Software Laws
  4. Reader Explains “Microsoft Innovation”


Things have escalated somewhat now that McKool Smith, a patent troll litigator whom we mentioned when it attacked a Free software project and also when it attacked Microsoft, succeeds in blocking sales of Microsoft Office.

The national law firm of McKool Smith is announcing a permanent injunction and total damages and interest of more than $290 million against software giant Microsoft Corp. (Nasdaq: MSFT) in a Texas patent infringement lawsuit won by Toronto-based technology provider i4i Inc.

The Order and Permanent Injunction were signed today by Judge Leonard Davis of the U.S. District Court for the Eastern District of Texas, Tyler Division. Today's ruling follows a May 20, 2009, verdict of $200 million after jurors found that Redmond, Wash.-based Microsoft willfully infringed an i4i patent covering a document system that relies on the XML custom formatting function.


The patent at hand is an XML patent, of which Microsoft has several, as we previously (and more recently) noted in:



Harry McCracken, whom Microsoft gave a nice laptop, writes about this latest development.

In the latest apparent case of the U.S. patent system run amok, Judge Leonard Davis of the U.S. District Court for the Eastern District of Texas issued a permanent injunction on Tuesday preventing Microsoft from selling versions of Word that handle custom XML in the form of the .DOCX, .DOCM, and .XML file formats. Which would mean that Microsoft is now forbidden from selling Word 2003 or Word 2007. And since it also forbids Microsoft from testing such versions of Word, there would seem to be implications for Office 2010 as well.


The Microsoft PR-ish blog from Seattle goes with the dramatic headline "Judge: Microsoft can't sell Word anymore."

Judge Leonard Davis, of the U.S. District Court for the Eastern District of Texas, ordered a permanent injunction that "prohibits Microsoft from selling or importing to the United States any Microsoft Word products that have the capability of opening .XML, .DOCX or DOCM files (XML files) containing custom XML," according to an announcement by the plaintiff, Toronto-based i4i Inc.


Guess which other formats are impacted by this? Sun has an ODF (XML) plug-in for Microsoft Office and Microsoft has XML patents of its own. It is truly becoming a mess and none of those so-called 'inventions' are novel at all. As one person puts it, "Another patent problem: #Microsoft patented #XML-based file formats, which effects both #OOXML and #ODF #OpenOffice"

Ironically enough, Microsoft deserves some of the blame for this lawsuit against it. Microsoft was relentlessly lobbying in favour of software patents. As <No>OOXML puts it:

We may add that while Microsoft always pays lip service to patent reform and patent quality, it effectively obstructed even moderate steps of pragmatic reform in the field of software patenting with massive lobbying investment and an ideological agenda. An ideological motivation you don't find among all the other players which have a real business. The massive lobbying also applies to colonial attitudes towards patent regimes of third nations in which the American company operates, or the European Union, our main area of operations as the FFII e.V. Ironically Microsoft itself is a favourite target of troll challenges and no one knows how much profits Marshall Phelps actually generates by selling their Microsoft FAT patents. In the spectacular case of TomTom we were told it was a very small amount. Some American critics as Brian Kahin speak of a patent bubble of low value patents but how is it going to burst? When you have a licensing business a good patent is one that hurts. Maybe the Encyclopedia Brittannica is an example, it failed commercially and now became an (unsuccesful) patent enforcement agency against actual market players.

In the recent referral G03/08 about software patentability an European Patent Office case named T 424/03 (Microsoft) was center to the debate. Find the Amicus letters here. Currently you also have a pending referral on Bilski in the US Supreme Court which is more far reaching than software. In the US many examination tests were dismantled such as the machine or transformation box test which opened the flood gates and unbalanced the system. It was reintroduced under the Bilski ruling but appealed at the supreme court. The Bilski test does not rule out software or business method patents but provides means to reduce the pressure within the examination system in later stages.

First you wreck the law, then the trolls wreck you.

[...]

Right now ISO/IEC 29500 ("OOXML") is patent encumbered and cannot be called an "open standard" according to conventional definitions and looks unusable for the public sector.


It ought to be added that we found the blog of Microsoft's Amruta Gulanikar, which bears the tag line "Office Interoperability". Now, watch who is under "Blog Links"; it's Microsoft employees and the usual lobbyists for Microsoft and OOXML, notably Jesper Lund Stocholm and Alex Brown. The complete list is:

Brian Jones

Dennis Hamilton

Alex Brown

Erika Ehrli

Gray Knowlton

Jesper Lund Stocholm

Stephen Peront

Doug Mahugh


They fail to even make the illusion that anyone except Microsoft (and partners) is accepting OOXML. There are a few exceptions.

In other patent news, the patent troll known as Acacia is still harassing GNU/Linux, based on this new report.

Red Hat, Novell Still Face Interface Patent Claims



Handing down a claim construction that accommodates the plaintiffs, a federal judge has refused to invalidate one of three user interface patents Linux providers Red Hat Inc. and Novell Inc. allegedly infringe.


Software patents. It figures. Is anyone (other than patent lawyers and trolls) actually benefiting from them?

"[Y]ou're creating a new 20-year monopoly for no good reason."

--David Kappo, Director of the USPTO



Comments

Recent Techrights' Posts

Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
 
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025