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Federal Court Grants Microsoft Expedited Appeal
patentpundit writes "On Friday, August 21, 2009, the United States Court of Appeals for the Federal Circuit granted Microsoft an expedited appeal of its patent infringement loss to i4i Limited Partnership. On August 11, 2009, Microsoft lost a $300 million judgment for infringing the XML patents of i4i by selling Word. Microsoft was given 60 days to stop selling Word, or implement work arounds that did not utilize the infringed technology. Microsoft filed an emergency appeal with the Federal Circuit, and requested a stay of the permanent injunction that will force them to stop selling work 60 days from August 11, 2009. The Federal Circuit granted an expedited oral argument, which will take place on September 23, 2009. Microsoft requested an administrative stay of the permanent injunction, which was denied, and then filed a petition to stay the injunction pending appeal. i4i has until August 25, 2009, to respond to Microsoft's request to stay the injunction pending appeal."
In this case, they've been trying to do everything but. So far, their defense strategy has been to attempt to paint i4i as a patent troll who never had a product, and therefore should not have been granted a patent. That's kind of silly considering that i4i actually does have a product, and if you look at the screenshot on this page describing one of their products, it's apparent that they have had an implementation of their patent for quite a while (Word 2000 is pictured).
So far, they haven't actually attacked the patent because doing so might invalidate one or more of their own patents. They haven't attacked the patent system or any patent laws not only because they have considerable resources invested in that patent system, but because any change in the patent system really needs to happen at the legislative level and it really isn't likely that a court is going to invalidate the entire patent system.
As much as I'd like to see Microsoft directly attack the patent system itself and fight for patent reform, I just don't think it's going to happen in a court room, and I don't see Microsoft fighting a system in earnest that they have profited so much from.
And I don't blame them. It isn't up to them to bring about patent reform. It's ultimately up to We, The People.
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They partnered with i4i until they learned enough about the code, then kicked i4i in the butt and came out with their own implementation.
This is worse than when M$ accuses Wine/Samba etc for 'cloning' their products.
Wine/Samba etc coders didn't have the chance to READ and STUDY the original code.
"Or to put it another way: being part of a company doesn't give the people involved a mystical get-out-of-jail free card to be irresponsible or unethical."
I disagree. We, the people of the west, have allowed our governments and corporations to turn the ideals of free market action into an unholy marriage between all three arms of government and the powerful elite of the private sector. We have allowed powerful members of industry and government to usurp the right to do anything they want, so long as they can afford lawyers to justify their actions, ethical or otherwise. Don't like it? Sorry, it's a two party system, and both parties play the same game. You want real change? Sorry, you won't get it by voting.
I hate printers.
That's like saying its okay to rob somebody, as long as its somebody you don't like. Software Patents are bullshit-simple as that. They are bullshit when they are used by the big boys like MSFT and IBM, and they are just as much bullshit when they are used by smaller companies like i4i. Saying its fine and dandy because its MSFT getting screwed this time is like saying "you really shouldn't mug anybody, unless its that guy down the street. he's an asshole."
The giant minefield that is the current USA copyrights and patents system is about as fucked up and as far removed from the Founding Fathers original purpose as one could possibly get. They were originally designed to allow the little guy to make enough off of his inventions that he could continue to invent and innovate without fear of being ripped off the second his first device rolled out the door. Now they are just a tax upon all of us with the proceeds going to the top. So I'm sorry, but saying ripping off someone by going to East Texas (Patent troll capital USA) where the juries are known for not having a clue and passing out crazy judgments is okay just because it is someone you hate doesn't make it right. It is that kind of attitude that has gotten this country in the mess we are in, with so many willing to vote for somebody that will screw them as long as they screw those the voter hates worse.
ACs don't waste your time replying, your posts are never seen by me.
First, they have been found GUILTY of willful patent infringement, not just accused. Second, if you would actually take the time to read about what MS did instead of giving a knee-jerk reaction "Ooh patents are bad!" and comprehend it, you'll see that MS approached i4i about working together on national security issues and then STOLE THEIR CODE.
The only person muddying the waters here is you, because you are trying to paint MS' actions in a decent light, when they are clearly, clearly in the wrong. I can only think that i4i went to court under patent law instead of copyright infringement because they thought it was a more open and shut case. That or, the MS Office programmers were smart enough to cover their tracks and that copyright infringement wasn't possible to prove unequivocally.
Gentlemen! You can't fight in here, this is the war room!
# apt-get pussy
E: Invalid operation pussy
# apt-get install pussy
Reading package lists... Done
Building dependency tree
Reading state information... Done
Suggested packages:
tits
The following packages will be REMOVED
penis
The following NEW packages will be installed
pussy
0 upgraded, 1 newly installed, 1 to remove and 2 not upgraded.
Do you want to continue [Y/n]? ^C^C^C
#
Phew!