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Microsoft Loses Office Patent Dispute

cwolfsheep writes "According to CNet, Microsoft has lost a patent dispute with a developer involving the company's Excel and Access product lines; specifically how they interact via spreadsheets. Carlos Armando Amado had filed a patent in 1994: the dispute covers Microsoft's products from March 1997 to July 2003. Office 2003 users will need to upgrade to Service Pack 2; Office XP users will need to apply a patch."

10 of 228 comments (clear)

  1. Apply this patch to remove functionality! by ivan256 · · Score: 5, Informative

    Um, no thanks.

    The article should say that Microsoft had to release said patch. Users of Microsoft products are under no obligation to actually apply the patch and remove functionality.

    1. Re:Apply this patch to remove functionality! by meringuoid · · Score: 5, Informative
      Users of Microsoft products are under no obligation to actually apply the patch and remove functionality.

      Actually, I think you might be under just such an obligation. You're still using the patented technology without a licence.

      Never underestimate the perversity of patent law.

      --
      Real Daleks don't climb stairs - they level the building.
    2. Re:Apply this patch to remove functionality! by ivan256 · · Score: 4, Informative

      Actually, I think you might be under just such an obligation.

      Technically, you're right, but practically nobody is ever going to come and get you. Besides, the courts issue decisions, but they don't enforce them. It will be up to the patent holder to hunt you down and get the authorities to punish you.

    3. Re:Apply this patch to remove functionality! by ajakk · · Score: 4, Informative

      35 U.S.C. 271(a):
      Except as otherwise provided in this title [35 USC 1 et seq.], whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.
      (emphasis mine)

  2. WHAT functionality? by linolium · · Score: 5, Informative

    This story doesn't exactly mention what functionality the patch removes. But there is another article about it here with a bit more information:

    http://www.theregister.co.uk/2005/06/07/microsoft_ pays_excel_man/

    "In 1990 Carlos Armando Amado filed a patent for software which helped transfer data between Excel spreadsheets and Microsoft's Access database using a single spreadsheet. He said he tried to sell this technology to Microsoft in 1992 but they turned him down. According to Amado, Microsoft started including his software in their releases between 1995 and 2002."

  3. Apply this patch to maintain licensing! by mpathetiq · · Score: 5, Informative

    We received an email from Microsoft licensing last week that addresses this issue.

    Here's the text:

    Background:

    It was recently decided in a court of law that certain portions of code found in Microsoft Office Professional Edition 2003, Microsoft Office Access 2003, Microsoft Office XP Professional and Microsoft Access 2002 infringe a third-party patent. As a result, Microsoft must make available a revised version of these products with the allegedly infringing code replaced.

    Action required:

    As a result of the above ruling, you are required to:

    Install Microsoft Office 2003 Service Pack 2 (Office 2003 SP2) for all your future deployments of Office Professional Edition 2003 and Office Access 2003, Install the Microsoft Office XP Service Pack 3 Patch (Office XP SP3 Patch) for all your future deployments of Office XP Professional and Access 2002

    Action requested:

    To keep your current systems in alignment with your future deployments of these products, Microsoft is requesting that you also update all your current Office Professional Edition 2003 and Office Access 2003 installations with Office 2003 SP2, and Office XP Professional and Access 2002 installations with the Office XP SP3 Patch.

    How do I do this?:

    You can obtain both Office 2003 SP2 and the Office XP SP3 Patch by going to the website listed below and downloading it directly, or by contacting your reseller.

    Please visit our site at http://office.microsoft.com/en-us/officeupdate/def ault.aspx.

    Sincerely,

    Microsoft Licensing, GP This makes it seem like we are being forced to upgrade to maintain licensing.

  4. Re:What does it change? by jeffy210 · · Score: 5, Informative

    Never mind, went deeper and answered my own question:
    "Microsoft has released an update for Microsoft Access 2002. This update removes the functionality in Access 2002 that lets users add new data to or edit existing data in a linked Microsoft Excel worksheet."
     
    Two words: Hell no. That's not a "small" part of the market segment, IMO.

    --
    ------
    "And may your days be long upon the earth."
  5. Re:What about OO.org? by Anonymous Coward · · Score: 3, Informative

    Probably not, if the patent is: "In 1990 Carlos Armando Amado filed a patent for software which helped transfer data between Excel spreadsheets and Microsoft's Access database using a single spreadsheet."

    Then OOO isn't affected as its program's are completely different.

  6. Re:Now, what was that Microsoft was saying? by faloi · · Score: 3, Informative

    The end users are still indemnified. They're not getting sued. Microsoft never said THEY were indemnified. There's an article here that covers some recent changes to the indemnity clause that business licensees get. I dunno if that extends to people with individual licenses, though.

    --
    "It is a miracle that curiosity survives formal education." -Albert Einstein
  7. Re:Show me the money? by Orne · · Score: 4, Informative

    He was originally asking $500 million, a sum that I would consider "tons of $$$". Microsoft claims that they had been working in-house on the capability to add the linking since 1989, and Mr Amado approached them with a working product in 1992. From other research, it appears that the "trick" in question is to link an Excel document from Access in read/write mode as an in-line table, something we all take for granted in the modern Office versions.

    Microsoft said no thanks at the time, and released their in-house work in 1995 with the release of Office95. The jury decided that there wasn't sufficent evidence that Microsoft was in the clear, so they settled for $9 million and an agreement to cease using the technology.