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Microsoft loses $290 million patent battle, begins searching couch cushions
We've diligently followed the Microsoft v. i4i Limited Partnership patent dispute as it wound its way through the courts, and now comes the day of reckoning: by a unanimous decision, the US Supreme Court has upheld the patent-infringement finding against Redmond. For those of you just catching up, MS had been taken to court by Toronto-based i4i over a portfolio of XML-related patents -- patents it had already offered to license to the software behemoth. In court, Microsoft claimed it had not infringed and that the patents were invalid; a 2009 Texas court disagreed and awarded $200 million in damages. A subsequent appeal failed. Oh, and the government sided with i4i. Today's Supreme Court verdict upholds the lower courts' decisions: Microsoft Word is an infringing product, and the company now owes $290 million. The finding likely won't affect consumers, as the offending versions of Word are now obsolete. Still, $290 million isn't chump change, even for the world's largest software company. There's probably a joke in here about i4i justice, but we'll be dadblasted if we can find it.
Government says it's got i4i's back in Word patent dispute
As the US Supreme Court prepares to hear yet another appeal in the seemingly unending patent dispute between Microsoft and XML specialists i4i next month, some pretty influential folks are starting to take sides -- officially. Perhaps most notably, Acting Solicitor General Neal Kumar Katyal filed an amicus brief backing i4i and a previous US Court of Appeals decision to uphold the $290 million judgement against the software giant. Other big guns backing i4i with amicus briefs include DuPont, 3M, Johnson & Johnson, Procter & Gamble, and GE. Of course, Microsoft's getting a little help from its friends with official I-got-you-bro statements coming from Google, Apple, Toyota, and Walmart. The appeal is expected to hit the Supreme Court in April and has big implications for patent litigation -- specifically, it could give tech giants like Microsoft more guts to go after patents held by little guys like i4i.
US Supreme Court agrees to hear Microsoft appeal in Word patent case
It's been quite a few months since we've seen any major developments in Microsoft's patent battle with Toronto-based i4i Inc over Microsoft Word, but it looks like things are now about to change in a big way. As The Wall Street Journal reports, the US Supreme Court has today agreed to hear Mircosoft's appeal in the case that dealt it $290 million in damages and prevented it from selling versions of Word that contained the allegedly infringing technology. That could not only have some pretty big ramifications for Microsoft in this particular case, but for patent law in general, as it gets to the very heart of the legal standard for determining the validity of a patent. Needless to say, we'll be watching this one very closely -- the court is expected to hear the case sometime next year.
Microsoft loses second Word patent appeal, on the hook for $240 million in damages
And the intellectual property rollercoaster continues. Microsoft's second appeal of that $240m judgment banning sales of Word with features infringing on i4i's XML-related patents has been rejected, leaving the Redmond giant with a huge fine to pay atop its undoubtedly sky-high lawyer bills. The appeals court held that Microsoft was explicitly aware of i4i's patents before implementing the relevant XML code into Word -- undoubtedly because i4i had been selling an extremely popular XML plugin for years and had approached Microsoft about licensing it. Yeah, oops. Don't worry, though, there shouldn't be any consumer impact here: old versions of Word aren't affected, and current versions of Word 2007 and Office 2010 don't have the offending features. Still, Microsoft might be able to appeal yet again, depending on a panel ruling on the matter -- at this rate, we'd expect it.
Court orders Microsoft to stop selling Office 2007 by January 11th
Update: A statement from Microsoft's director of public affairs, Kevin Kutz, clarifies the affected versions. Note that Microsoft Office 2008 for Mac was not cited as an infringing product, so this ruling is not applicable to Mac versions of Office. We have just learned that the Court of Appeals for the Federal Circuit has denied our appeal in the i4i case. We are moving quickly to comply with the injunction, which takes effect on January 11, 2010. This injunction applies only to copies of Microsoft Word 2007 and Microsoft Office 2007 sold in the U.S. on or after the injunction date of January 11, 2010. Copies of these products sold before this date are not affected. With respect to Microsoft Word 2007 and Microsoft Office 2007, we have been preparing for this possibility since the District Court issued its injunction in August 2009 and have put the wheels in motion to remove this little-used feature from these products. Therefore, we expect to have copies of Microsoft Word 2007 and Office 2007, with this feature removed, available for U.S. sale and distribution by the injunction date. In addition, the beta versions of Microsoft Word 2010 and Microsoft Office 2010, which are available now for downloading, do not contain the technology covered by the injunction. While we are moving quickly to address the injunction issue, we are also considering our legal options, which could include a request for a rehearing by the Federal Circuit Court of Appeals en banc or a request for a writ of certiorari from the U.S. Supreme Court. Whoa. A judge for the The U.S. Court of Appeals has just upheld an earlier verdict forbidding Microsoft from selling both Office and Word after January 11th, 2010. This suit, which was filed by i4i, a creator of a XML plugin for Microsoft Office, alleged that Microsoft's Open XML format, which uses the DOCX and XLSX extensions that have been a part of Office on the Mac since Office 2007, violated i4i's patented XML handling algorithms. The court ruled in favor of i4i back in May, and Microsoft today lost their appeal, with the judge telling them that they don't have the right to sell the software as-is. Microsoft now either has to attempt to appeal the ruling again, or settle with i4i (read as: "Ballmer has to write a big honking check"), and is currently considering further legal options. The company is also working to remove these features from Microsoft Office (possibly in time to release new versions of the old software on January 11th), and this ruling doesn't affect the upcoming Office 2010 for Windows. We'll keep you posted if anything further develops.
Microsoft loses patent appeal; Word and Office to be barred from sale starting January 11
It's getting closer and closer to check-writing time for Steve Ballmer, as the U.S. Court of Appeals for the Federal Circuit has just upheld a decision that would see Microsoft Word and Office banned from sale starting January 11. If you'll recall, Microsoft lost a patent infringement suit against XML specialists i4i back in May when it was found that Word's handling of .xml, .docx, and .docm files infringed upon i4i's patented XML handling algorithms, but the injunction against further Word sales was put on hold pending the results of this appeal. Now that Microsoft has lost once again, we'd expect either another appeal and request for the injunction to be stayed, this time to the Supreme Court, or for a settlement between these two that would end this whole mess right now. We'll see what happens -- stay tuned. P.S.- Just to be clear on this, i4i isn't a patent troll -- it's a 30 person database design company that shipped one of the first XML plugins for Office and was actually responsible for revamping the entire USPTO database around XML to make it compatible with Word back in 2000. What's more, the patents involved here don't cover XML itself, but rather the specific algorithms used to read and write custom XML -- so OpenOffice users can breathe easy, as i4i has said the suite doesn't infringe. Existing Office users should also be fine, as only future sales of Word are affected by the ruling, not any already-sold products. Engadget: Helping you flame with accuracy. Update: Microsoft says it's moving quickly to prepare versions of Office 2007 and Word 2007 that don't have the "little-used" XML features for sale by January 11, and that the Office 2010 beta "does not contain the technology covered by the injunction," which can be read in a number of ways. It's also considering an appeal, so we'll see what happens next.
Microsoft Word allowed to stay on sale... for now
Just as we predicted, Microsoft's request to have that ban on sales of Word put on hold pending appeal of i4i's XML patent victory has been granted. That means IT managers and excitable first-year college students can continue to happily throw down cash for the world's most popular word processor, while the rest of us twiddle our thumbs waiting for either proceedings to resume on September 23 or Stevey Ballms to write the big check and make this whole case disappear forever.
Microsoft forbidden from selling Word, will probably keep selling Word
Hey, remember that seemingly random patent case from May in which a federal jury awarded a company called i4i Ltd $200 million in patent damages against Microsoft? Things just got worse for Redmond: the judge in the case today issued a permanent injunction against sales of Word 2003, Word 2007, and any future versions of Word that can open .xml, .docx, or .docm files containing "custom XML." Yeah, no kidding -- that's pretty much all of 'em. At issue is i4i's patent on a method for reading XML, and obviously Microsoft's vowed to appeal, so expect this injunction to be stayed pending that appeal in short order -- and also expect Microsoft to eventually either find a way to win or simply pay up, since there's no way it'll let anyone kill Word. We'll see what happens. Word. Update: CNET has a quick interview with i4i Chairman Loudon Owen, who says that he himself uses Word and that i4i isn't trying to "stop Microsoft's business" or "interfere with all the users of Word out there." It's an interesting read, go check it out. Update: Not that it should come as a surprise to anyone at all, but Microsoft has confirmed that it'll be appealing the decision.
Jury awards i4i $200 million in damages in Microsoft patent suit
It's not quite on the level of some of Microsoft's past patent showdowns, but a Texas federal jury found yesterday that the company should pay a still hefty $200 million in damages to Canadian software firm i4i Ltd for some supposed wrong doing. That company had alleged that Microsoft knowingly infringed on one of its patents in both Word and Vista, which apparently concerned "manipulating a document's content and architecture separately." For its part, Microsoft unsurprisingly begs to differ, and says that "the evidence clearly demonstrated that we do not infringe and that the i4i patent is invalid," adding that it will, of course, "ask the court to overturn the verdict."
