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Microsoft has spent plenty of time defending itself in the court room over the years, but arguably the case of Microsoft vs. i4i is as important a battle for the software giant as its antitrust trial was more than a decade ago. The case itself began over a claim of infringement by i4i over a recently removed feature in Microsoft Word, but more broadly the case will have a long term impact on how patents will be enforced going forward.
Microsoft has teamed up with Apple, Google, and the Electronic Frontier Foundation to defend itself against i4i who is backed by 3M, 19 separate venture capital firms, and even the U.S. Government. It’s going to be the legal battle of the century, and it kicks off in front of the Supreme Court starting tomorrow.
Microsoft and it’s rather a-typical posse are seeking to change the way patent accusations are handled in general. A ruling in their favor could severely damage the ability of “nonpracticing entities” (patient trolls), from going after other companies with weak patents. The implications are obviously much broader than this, but ultimately that is what Microsoft is looking to accomplish here.
According to Sarah Columbia from the IP litigation group at McDermott Will & Emery: "If you look at the group that filed amicus briefs, you can see pretty clearly the companies that filed on Microsoft's side tend to be companies who get a lot of lawsuits against them on patents, and in particular a lot of lawsuits against them by what we call nonpracticing entities.”.
We expect a great many lawyers to get rich on this one before we get the final verdict, but the implications on this one will be wide reaching. Are you willing to go on the record and let us know who you think will win? Let us know in the comments below.
Comments are closed on this article
codepath
April 18, 2011 at 7:30am
do something about the spam trolls on the MaxPC comment boards.
I am looking at YOU "nikki"!
codepath
Caboose
April 19, 2011 at 8:04am
Paranoid are we?
Careful what you say? The government is monitoring your internet connection and phone calls!
ucjuicy
April 17, 2011 at 7:51pm
obviously this current formation of the supreme court will side with corporations and against frivolous lawsuits.
wkstar
April 17, 2011 at 6:09pm
The case itself began over a claim of infringement by i4i over a recently removed feature in Microsoft Word,
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Can anyone explain what this case is about ?
Vernak
April 17, 2011 at 8:26pm
Yes, wkstar, the issue all started with Office 2007. If you are a familiar Office user, as most are, you may have noticed that the 2007 version of Office introduced some new file extensions. For instance, .docx as opposed to doc for Word and .xlsx as opposed to .xls. Part of the naming convention has to do with Microsoft using heavy XML to program it's suite. i4i is contending that Microsoft's use of XML code in this way infringes upon their patent(s) in addition to their claim that Microsoft directly stole source code from i4i.
This story has creeped back up now and then over the years so forgive any possible inaccuracies. However, I believe that gives you more than enough to answer the question.
aarcane
April 17, 2011 at 5:37pm
Noone will win. this case will be locked up in court for months, if not years on the taxpayers dime. the "loser on file" will be ordered to pay "court costs", which will amount to a small fraction of the total actual costs. Any patent reform that may arise will be minimal, at best, and noone will truly notice a change. At the end of the case, noone will truly be paying attention anymore, as both sides will have talked themselves out of any true support from the masses. Lethargic, and with a feeling of defeat hanging heavily over our heads, we will all continue our lives unchanged. Inventers afraid to innovate for fear of someone having had some idea vaguely similar to theirs some time in the past, yet also unwilling not to pursue their ideas on the off-chance that whoever had the idea before didn't file it properly. The rest of us not caring, since it doesn't affect us beyond a few brief moments of moral outrage.
Trooper_One
April 18, 2011 at 12:27pm
Kinda stinks doesn't it? It'll probably sit in the court for many years to come and will finally settle with no major decision changes on the law. The trolls will be asking for $Billions and will settle in the hundred of millisions.
The taxpayers lose for court costs, and like you said, inventors will continue to be afraid of innovating.
warptek2010
April 17, 2011 at 3:38pm
I'm sorry MaximumPC, I filed a trademark on the term "Non-Practicing Entity" years ago. I'll see you in court.
As for who I think will win... If Bill or any other Microsoft entity gets in front of the Supreme Court and acts the way they did in court 10 years ago they're cooked.
Bullwinkle J Moose
April 17, 2011 at 3:38pm
Opening statement by Bill Gates
Welcome to Microshaft, an Attorney / Client software Company
Wild claims being made that our Crashdows 7 Operating System is nothing more than a spyware platform are patently false
Our newest operating system is much more than just a simple spyware platform
Why, Our End Loser Licensing Agreement contains valuable information about our new and comprehensive rights management, including, but not limited to "Your Liabilities" into perpetual perpetuity and beyond!
What?
Oh sorry.......wrong case
nevermind
---------------------------------------------------------------------------------------------------
Picture Bill raising a cardboard sword and wearing a cape as he squeeks..........Into Perpetual Pepetuity and Beyond!
I can see this happening
Caboose
April 18, 2011 at 9:36am
What is worse than a patint troll? This user. "Bullwinkle J. Moose"
Neufeldt2002
April 17, 2011 at 3:06pm
I think that given the state of the patent system, anything that fixes what is clearly broken is a step in the right direction. Patents these days clearly do not make innovation easier, they simply lock things up making a select few richer and stifles innovation.
Please make publish to facebook opt-in, not opt-out.
