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A Texas court has banned sales of Microsoft Word and copies of Microsoft Office containing word until a final decision is reached in a copyright infringement trial. Microsoft has 60 days to cease sales.  (Source: Microsoft)
Microsoft also faces more damages over willful infringement

Microsoft's Office 2003 and 2007 wove XML into Word, with the introduction of .docx, otherwise known as Office Open XML, as the format of choice.  The new format brought an open standard and better storage to the application.  Unfortunately, it also turned into one of the company's biggest legal headaches.

In making Office, Microsoft implemented technology seeming covered under a 1998 patent (No. 5,787,449) by a developer of collaborative-based content solutions, Toronto-based i4i.  The patent covered "manipulating a document's content and architecture separately." 

A Texas federal court ruled in May that Microsoft had infringed on the i4i's patents and ordered Microsoft to pay $200M USD in unpaid royalties.  Microsoft was reportedly hurt in the proceedings by a published trail of emails that indicated that the company knew that it was infringing on i4i's work.  Microsoft disagreed strongly with the verdict and promised to fight it in appeals court.

Now a US District Court of Eastern Texas judge, Judge Leonard Davis, has ordered sales of Microsoft Word in the U.S. banned until a final judgement is reached.  The injunction also came with an order for Microsoft to pay an additional $40M USD for willful infringement, $37M USD in prejudgement interest, and $21,102 per day in additional fines.  The court also is asking that Microsoft hand over $144,060 a day, until the final judgement and damages are paid (though it may get some of this money back).

Until the final decision is reached, Microsoft is banned from selling any version of Microsoft Office containing copies of Word that can open .XML, .DOCX, or DOCM files containing custom XML.  Microsoft has a mere 60 days to comply with the injunction.

With Office being one of Microsoft's staple products, and with the .docx format being the current default format, an appeal seems inevitable.  Microsoft has not issued a formal response yet to ban on Word sales.


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RE: BS
By guacamojo on 8/12/2009 4:28:27 PM , Rating: 3
quote:
the revelation that there are email threads from MS demonstrating that they knew about the patent in advance and knew they would be in violation of it are pretty damning.


They could well have known of the patent in advance, and some people at MS thought they infringed, and others didn't. Email traffic discussing possible infringement of existing patents isn't necessarily damning.

I say that, of course, not having read the actual emails. Maybe they had a business discussion of how easy it would be to steamroll over these guys with legal fees.


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